Agreement
Please read the Terms of service carefully. By accessing or
using this website, you agree to be bound by the Terms and
Conditions ("Terms") described herein and all Terms incorporated by
reference. If you do not agree to all of these Terms, please do not
use this website.
These terms of service ("Terms") apply solely
to your access to, and use of, the Website of ProTalent Sites,
which is owned, maintained and operated by SavvySites.com Pty Ltd
(collectively "ProTalent Sites"), located at www.ProTalentSites.com (the "Site") and the web
development and hosting tools and services accessed through the
Site as more fully described below (the "Services"). These Terms do
not alter in any way the terms or conditions of any other agreement
you may have with ProTalent Sites, or its subsidiaries or
affiliates, for products, services or otherwise. If you are using
the Site or the Services on behalf of any entity, you represent and
warrant that you are authorized to accept these Terms on such
entity's behalf, and that such entity agrees to indemnify you and
ProTalent Sites for violations of these Terms. Nothing in these
Terms shall be deemed to confer any third party rights or
benefits.
Direct Debit Agreements
If you have selected our month-to-month 'Aspire' or
'Pro' membership package from the Features & Pricing page
on ProTalentSites.com (www.protalentsites.com/featurepricing.aspx),
you hereby request ProTalent Sites periodically debit your
nominated credit card for the agreed amount to ProTalent Sites.
Drawing under this Direct Debit arrangement will occur on the same
day of each month corresponding with the date of first payment. If
any drawing falls due on a non-business day, it will be debited to
your account on the next business day following the scheduled
drawing date. If you wish to cancel your Direct Debit, notification
must be received in writing. It is your responsibility to ensure
that your nominated Credit Card or Debit Card account can accept
Direct Debits (your financial institution can confirm this); and
that on the drawing date there is sufficient cleared funds in the
nominated account; and that you advise us if the nominated account
is transferred or closed. If your drawing is returned or dishonored
by your financial institution, we will re-draw after 3 days from
your debit account. If it is returned or dishonored again,
ProTalent Sites will notify you via email and allow a 30-day period
for you to bring your account up-to-date. If you do not respond,
the 'Aspire' or 'Pro' services will be suspended. In this case, any
transaction fees payable by us in respect of the above will be
added to the account.
Direct Debit Enquiries
Direct all enquiries to ProTalent Sites, rather than to your
financial institution, and these should be made at least 5 working
days prior to the next scheduled drawing date. All communication
addressed to us should include your User Name and email address.
All personal customer information held by us will be kept strictly
confidential except that information provided to our financial
institution to initiate the drawing to your nominated account.
Direct Debit Disputes
If you believe that a drawing has been initiated incorrectly, we
encourage you to take the matter up directly with us by contacting
us via the ProTalentSites.com contact form. If you do not receive a
satisfactory response from us to your dispute, contact your
financial institution who will respond to you with an answer to
your claim within 5 business days (for claims lodged within 12
months of the disputed drawing); or within 30 business days (for
claims lodged more than 12 months after the disputed drawing). You
will receive a refund of the drawing amount if we cannot
substantiate the reason for the drawing.
Description of Services
The Services include various online website development tools
and web applications operated and hosted by ProTalent Sites to
enable you to create and publish web sites, hereafter referred to
as the "ProTalent Sites Systems". The user/client of the "ProTalent
Sites Systems" will be known as "you". The Services also includes
web hosting services for the web sites you create through the
Site.
User Sites
ProTalent Sites enables users to create and publish web sites
that are hosted by ProTalent Sites ("User Sites"). ProTalent Sites
does not approve or control such User Sites and does not routinely
review or monitor such Sites. In addition, you understand and
acknowledge that your business dealings, correspondence or
interactions with any User Site and any terms, conditions,
warranties or representations associated with such dealings or
interactions are solely between you and the operator of such User
Site. Therefore, you acknowledge and agree that ProTalent Sites is
not responsible or liable in any manner for, and makes no
warrantees of any kind regarding, the content, functionality,
business, legality, accuracy, completeness, quality, reliability,
security, usefulness or practices of any User Sites or for any
dealings with or transactions conducted on or in connection with
any User Site. The hosting of any User Site does not imply
endorsement or sponsorship by ProTalent Sites or any association or
affiliation with its operators or the content, business or
operation of the User Site, and if you create any User Site, you
may not do anything to imply any such endorsement, sponsorship,
association, affiliation or relationship with ProTalent Sites. You
use and interact with such user sites at your own risk. You may not
use the name, logo or other trademarks of ProTalent Sites to imply
any sponsorship, affiliation or relationship between you and
ProTalent Sites other than that ProTalent Sites is hosting your
User Site.
License
You are granted a limited, non-sublicensable license to access
and use the Site and the ProTalent Sites Systems solely in
connection with the creation of web sites hosted on this Site. The
Site and the ProTalent Sites Systems are licensed from the owner
ProTalent Sites, a Melbourne company located Shop 5, 9 Yarra St,
South Yarra, Vic, 3141, subject to your acceptance of these Terms.
Such license is subject to these Terms and does not include: (a)
any resale or distribution of the Site or the ProTalent Sites
Systems; (b) modifying or otherwise making any derivative uses of
the Site and the ProTalent Sites Systems, or any portion thereof;
(c) use of any data mining, robots or similar data gathering or
extraction methods; (d) downloading (other than the page caching)
of any portion of the Site or the ProTalent Sites Systems except as
expressly permitted on the Site; or (e) any use of the Site or the
ProTalent Sites Systems other than for its intended purpose. Any
use of the Site or the Site Materials other than as specifically
authorized herein, without the prior written permission of
ProTalent Sites, is strictly prohibited and will terminate the
license granted herein.
Such unauthorized use may also violate applicable laws including
without limitation copyright and trademark laws and applicable
communications regulations and statutes Unless explicitly stated
herein, nothing in these Terms shall be construed as conferring any
license to intellectual property rights, whether by implication or
otherwise. This license is revocable at any time.
You assume
responsibility for the selection of the Site and the ProTalent
Sites Systems to achieve your intended results, and for the
installation, use, and results obtained therefrom. ProTalent Sites,
Inc. reserves the right to modify, suspend or discontinue the Site
or the ProTalent Sites Systems with or without notice at any time
and without any liability to you.
If you are under the age of 13
you may still create an account and use the Site and ProTalent
Sites Systems, however you must do so under the guidance and with
the express consent and permission by your parent or legal guardian
who must be over the age of 18. Should ProTalent Sites be notified
or otherwise become aware that you do not have permission from a
parent/guardian, ProTalent Sites reserves the right to terminate
your account and this license and to refuse service to you at any
time with or without notice.
ProTalent Sites reserves the right
to refuse service to anyone at any time with or without notice for
any reason.
User Name and Sub-Domains
To gain access to the ProTalent Sites Systems and the
functionality of the ProTalent Sites Systems and to create a User
Site, you will be required to register an access User Name and
Password. The User Name and Password may only be used by you. You
will be responsible and liable for all activities occurring under
your User Name and for keeping your password secure.
As part of
the ProTalent Sites Systems and the Services, ProTalent Sites also
offers registered users free use of ProTalent Sites sub-domains
(i.e. username.protalentsite.com ("ProTalent Sites Subdomain") on
the terms set forth herein for the sole purpose of hosting their
websites. ProTalent Sites retains all rights to and over any
ProTalent Sites Subdomains and has the right to revoke or suspend
the use of any sub-domain at any time without reason.
You agree
that all such ProTalent Sites Subdomains are owned by ProTalent
Sites, are nontransferable and that ProTalent Sites may for any
reason, or for no reason, in its sole discretion and without notice
or liability to you or any third party, immediately terminate or
suspend your account, username, and ProTalent Sites Subdomain, and
remove or discard any content associated with your account and
username.
Links to Third Party Sites
The Site, the ProTalent Sites Systems and User Sites (including
under ProTalent Sites Subdomains) may contain links to third party
web sites, including links to User Sites, third party text, video
feeds (including YouTube & Podcasts), offers, and software
applications (including widgets) (collectively referred to as
"Linked Sites"). The Linked Sites and third parties are not under
the control of and/or owned by ProTalent Sites and ProTalent Sites
is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. ProTalent Sites is not
responsible for webcasting or any other form of transmission
received from any Linked Site. The Linked Sites are the property of
the respective third party and may be protected by applicable
copyright or other intellectual property laws and treaties.
ProTalent Sites is providing these links to you only as a
convenience and does not approve and assumes no responsibility for
the content, security, functionality, or practices of these third
parties. The inclusion of any link does not imply endorsement by
ProTalent Sites of the site or any association with its operators.
You acknowledge and agree that ProTalent Sites may disable your use
of or remove any third party linked sites on ProTalent Sites or a
ProTalent Sites Subdomain to the extent that they violate these
Terms.
Similarly, the ProTalent Sites Systems may rely on
external components provided by a third party to provide some level
of functionality. This functionality may make a particular feature
of the ProTalent Sites Systems dependent on the external component;
or the ProTalent Sites Systems may be completely dependent on the
external component for operation. In any case, ProTalent Sites
makes no warranties, claims, or provision for any third party
components.
You are responsible for making any and all
appropriate licensing arrangements with any third party external
component providers that are represented on your ProTalent Sites
Subdomain.
User Conduct
You agree that you are responsible for your own use of the Site,
the Services and the ProTalent Sites Systems, for any User Sites
you create or operate, for any posts you make and for any
consequences thereof. You agree that you will use the Site, the
Services and ProTalent Sites Systems and create and operate any
User Sites in compliance with the rules set forth in these Terms
(including without limitation the Content Policy set forth below),
and all applicable local, state, national, and international laws,
rules and regulations, including any laws regarding the
transmission of technical data exported from your country of
residence and all export control laws.
As a condition of your use
of the Site, the ProTalent Sites Systems, and the Services, you
warrant to ProTalent Sites that you will not use the site, the
ProTalent Sites Systems or the User Sites you create for any
purpose that is unlawful, deceptive or otherwise prohibited by
these Terms. You may not use the Site, ProTalent Sites Systems or
the User Sites you create in any manner that could damage, disable,
overburden, or impair the Site or the ProTalent Sites Systems or
interfere with any other party's use and enjoyment of the Site or
the ProTalent Sites Systems. You may not obtain or attempt to
obtain any materials or information through any means not
intentionally made available or provided for through the Site or
the ProTalent Sites Systems.
The Site or any User Sites you
create may contain bulletin board services, chat areas, news
groups, forums, communities, personal and commercial web pages,
calendars, podcasts, and/or other message or communication
facilities designed to enable you or others to communicate with the
public at large or with a group (collectively, "Interactive
Services"), you agree to use the Interactive Services only to post,
send and receive messages and material that are appropriate and
related to the particular Interactive Service and in accordance
with the ProTalent Sites Content Policy and these Terms and
applicable law.
Much of the Interactive Services found on the
Site and in User Sites is provided by, and is the responsibility
of, the person or people who made the postings. ProTalent Sites
does not routinely monitor the Interactive Services or any User
Sites and takes no responsibility for such content (including,
without limitation, any viruses or other disabling features).
ProTalent Sites merely provides access to and hosts such content as
a service to its customers. ProTalent Sites does not endorse,
support, represent or guarantee the truthfulness, accuracy,
functionality, security, legality, quality or reliability of any
communications or content posted via the Site or User Sites or
endorse any opinions expressed via the Sites or any User Sites
ProTalent Sites Systems. You acknowledge that any reliance on
material posted via the Service will be at your own risk.
Although ProTalent Sites is not obligated and does not routinely
screen or monitor any user content or messages or any User Sites,
it reserves the right at all times to do so and to remove, block
access to or refuse to post, display or distribute any content or
materials or any User Site for any reason or for no reason in its
sole discretion. ProTalent Sites reserves the right to terminate
your access to the Site, the User Sites and any or all of the
Interactive Services, and to remove or disable access to any User
Sites or user content, at any time without notice for any reason
whatsoever (or for no reason).
ProTalent Sites reserves the right
at all times to disclose any information as necessary to (a)
satisfy any applicable law, regulation, legal process or
governmental request, (b) enforce these Terms, (c) detect, prevent
or otherwise address fraud, security or technical issues, (d) reply
to user support requests or (e) protect the rights, property or
safety of ProTalent Sites, its users and the public.
Always use
caution when giving out any personally identifying information
about yourself or your children in any Interactive Service or on
any User Site. Personal information provided in connection with any
User Site is collected by the third party operating such User Site,
and not ProTalent Sites. The ProTalent Sites Privacy Policy does
not apply to, and we are not responsible in any manner for, any
information you provide to third parties in connection with User
Sites or how the third parties who operate such User Sites may use
the personal information you provide to them. Such information is
subject to the privacy practices of such User Site, and we
encourage you to become familiar with their privacy practices
before disclosing information directly to them. ProTalent Sites
does not control or endorse the content, messages or information
found in any Interactive Service or User Site and, therefore,
ProTalent Sites specifically disclaims any liability with regard to
the Interactive Services and any actions resulting from your
participation in any Interactive Service or your use of any User
Site. Managers and hosts are not authorized ProTalent Sites
spokespersons, and their views do not necessarily reflect those of
ProTalent Sites.
Content Policy
ProTalent Sites respects your rights and does not wish to censor
any text, images, data, information, photos, music video, graphics,
messages or other items or materials ("Content") contains you may
post on the Site or in any User Sites. However in order to allow
the continued posting of a wide variety of content, ProTalent Sites
has established rules that certain types of content are not to be
hosted by ProTalent Sites and/or created using the ProTalent Sites
Systems as set forth in this policy (the "Content Policy"). Please
note that these rules do not create any third party rights or
create any private right of action, but may be enforced solely by
ProTalent Sites in its sole discretion. The decision by ProTalent
Sites not to take action to enforce these rules in a particular
instance shall not be considered a waiver of any right to do so in
the future or in other situations.
By using the Service, you agree that:
You may not upload, publish, post, distribute or disseminate any
material that defames, abuses, harasses, stalks, threatens or
otherwise violates the legal rights (such as rights of privacy and
publicity) of others. You may not upload, publish, post, distribute
or disseminate any content that is otherwise deemed as pornographic
and/or obscene by ProTalent Sites. This includes but is not limited
to commercial pornography, pedophilia, incest, bestiality, child
pornography, or anything similar that violates any applicable laws.
ProTalent Sites will report any evidence of child pornography along
with all known user identification and information to the relevant
law enforcement agencies. Users may not use the ProTalent Sites
Systems to create sites containing content, such as pornography or
violence, that is not generally thought to be appropriate for
viewing by children ("Adult Content") nor may they use ProTalent
Sites, the Service and/or the ProTalent Sites Subdomains for
hosting and/or distributing and/or publishing Adult Content,
including the use of the service for Escort or Prostitution
Services. You may not upload, publish, post, distribute or
disseminate any material that promotes hatred towards groups based
on race or ethnic origin, religion, disability, gender, age, and
sexual orientation/gender identity. You may not upload, publish,
post, distribute or disseminate any material that constitutes a
direct threat of violence against any person or group of people.
You may not upload, publish, post, distribute or disseminate any
material that impersonates or is intended to impersonate others in
a manner that is intended to mislead or does mislead or confuse
others. You may not upload, publish, post, distribute or
disseminate any third party files and or content that contain
material, in any form, protected by intellectual property laws (or
by rights of privacy and/or publicity) unless you own or control
the rights thereto or have received all necessary consents. You may
not post private individual or company information without the
expressed permission of such parties. You may not knowingly violate
the intellectual property rights of a third party on any user site.
You may not upload, publish, post, distribute or disseminate any
files that contain viruses, malware, malicious codes, corrupted
files, or any other similar software or programs that may damage
the operation of another's computer. You may not use the ProTalent
Sites Systems for the transmission of spam and/or any type of viral
marketing, pyramid scheme and/or phishing scheme. You may not use
affiliate links to third party sellers who have not approved you
into their affiliate programs. You may not download, upload,
publish, post, distribute or disseminate any file posted by another
user of the ProTalent Sites Systems and Communication Service that
you know, or reasonably should know, cannot be legally distributed
in such manner. You may not falsify or delete any author
attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
content contained in a file that is uploaded, downloaded,
published, posted, distributed or disseminated using the ProTalent
Sites Systems. You may not use the ProTalent Sites Systems to
harvest or otherwise collect information about others, including
e-mail addresses, without their consent. You may not upload,
publish, post, distribute or disseminate any unauthorized private,
confidential and personal information about others. You may not
upload, publish, post, distribute or disseminate any material that
is used for unlawful purposes or for the promotion of dangerous and
illegal activities. ProTalent Sites takes no responsibility and
assumes no liability for any Content posted, stored or uploaded by
you or any third party, or for any loss or damage thereto, nor is
ProTalent Sites liable for any mistakes, defamation, slander,
libel, omissions, falsehoods, obscenity, pornography, profanity or
offensive Content you may encounter on the Site or in any User
Sites. Your use of Interactive Areas and any User Sites is at your
own risk. As a provider of interactive services, ProTalent Sites is
not liable for any statements, representations or Content provided
by its users or other third parties. Although ProTalent Sites has
no obligation to screen, edit or monitor any of the Content posted
by third parties, ProTalent Sites reserves the right, and has
absolute discretion, to remove, screen or edit any Content posted
or stored on the Site at any time and for any reason without
notice, and you are solely responsible for creating backup copies
of and replacing any Content you post or store on the Site at your
sole cost and expense. Violation of any part of the Content Policy
may lead to immediate termination or suspension of your account
and/or deletion of your Content and/or you may be reported to the
appropriate authorities with or without notice to you.
Use and Storage
For media limits and pricing details refer to ProTalentSites.com
or the My Account section in the ProTalent Editor. You agree that
ProTalent Sites has no responsibility or liability for the deletion
of or the failure to store or to transmit any Content or
Interactive Service maintained by ProTalent Sites and you are
solely responsible for creating backup copies of and replacing any
Content you post or store on the Site at your sole cost and
expense.
General Payments
You are responsible for paying all fees and applicable taxes
associated with the ProTalent Sites Services in a timely manner
with a valid payment method. You authorize ProTalent Sites to
charge your credit card, charge card, debit card, PayPal, or
financial institution account (herein "Payment Method") for all
charges to your accounts with ProTalent Sites. Your Payment Method
will be charged the current fee for the ProTalent Sites Service you
choose on the date that you click on the "Purchase" button in the
ordering process. Our offerings include Premium & Upgrade
Services payable by recurring payments. You agree that ProTalent
Sites may automatically charge the fee to your Payment Method at
the beginning of each recurring period. For example, if you choose
a Premium Service with a monthly plan, you will be billed every
month on the anniversary date of the date you clicked the
"Purchase" button. Additionally, we may offer a pre-pay payment
option for payment of Premium Services ("Pre-Payment Plan"). If you
opt for Pre-Payment plan, your Payment Method will be charged the
then-current fee for that Premium Service at the commencement of
each renewal period.
You acknowledge and agree that any credit
card and related billing and payment information that you provide
to ProTalent Sites may be shared by ProTalent Sites with companies
who work on ProTalent Sites behalf, such as payment processors
and/or credit agencies, solely for the purpose of checking credit,
effecting payment to ProTalent Sites and servicing your account.
The terms of your payment will be based on your chosen Payment
Method and may be determined by agreements between you and the
financial institution providing such Payment Method. You agree to
pay ProTalent Sites all charges incurred under your account for any
Premium & Upgrade Service in which you or anyone else who uses
your account (including children, family and friends) enroll in
accordance with this Agreement and any applicable Premium Services
policies. If your Payment Method fails or your account is past due,
(a) you agree to pay all amounts due on your account upon demand,
(b) ProTalent Sites may collect fees owed using other collection
mechanisms (this includes charging other payment methods on file
with us) and (c) ProTalent Sites reserves the right to either
suspend or terminate your Premium Services or your account with
ProTalent Sites, including deletion of your Website from
ProTalentSites.com. Except as may be set forth herein, any fees
charged to your account are non-refundable. You agree to submit any
disputes regarding any charge to your account in writing to
ProTalent Sites within thirty (30) days of such charge, otherwise
such dispute will be waived and such charge will be final and not
subject to challenge. Refunds (if any) made pursuant to such
dispute, are at the discretion of ProTalent Sites.
Taxes
You are responsible for paying any governmental taxes imposed on
your use of ProTalent Sites, including, but not limited to, sales,
use, or value added taxes. If requested, you will promptly furnish
to ProTalent Sites the applicable receipts and/or certificates
regarding such remittances as soon as reasonably practicable. To
the extent that ProTalent Sites is obligated to collect such taxes,
the applicable tax will be added to your billing account.
Domain Terms
By purchasing a domains(s), you become the legal owner of the
domain name. All fees are exclusive of all taxes, levies, or duties
imposed by taxing authorities, and you agree to pay all such taxes,
levies, or duties. We will make reasonable efforts to contact you
before your registration period expires and provide you with the
option to renew your domain registration. If we are unable to
contact you using the information you provide, ProTalent Sites
shall not be liable for loss of the domain. ProTalent Sites
reserves the right to change its prices at any time. You cannot
return or exchange your domain, all sales are final.
eCommerce
ProTalent Sites offers its members the ability to sell products
and services online via its proprietary eCommerce (eShop) solution.
It remains the sole responsibility of the individual ProTalent
Sites member to manage the products / services offered from their
online store. Any dispute arising from the provision of products /
services by a member to an external individual / third party
through the ProTalent Sites eCommerce solution exists solely
between the member and the individual / third party. In no way does
ProTalent Sites accept any liability or responsibility for damages
or losses incurred through the provision of products and services
using the ProTalent Sites eCommerce platform. ProTalent Sites does
not permit the selling of dangerous or unlawful products and/or
services via its eCommerce solution and reserves the right to take
down individual products/services, eCommerce facilities and/or
terminate a members' ProTalent Site without prior notice if found
to be in breach of these terms.
Monitoring Privacy
ProTalent Sites reserves the right, but is not obligated, to
monitor the use of its servers and related content within user
accounts, whether published or unpublished, in the interests of
security. You acknowledge that you have no expectation of privacy
with respect to any such communications or postings, and you
expressly consent to such monitoring. For information as to how we
collect and use personal information we collect on this Site,
please see our Privacy Policy. By using the ProTalent Sites Systems
and/or the ProTalent Sites Website, you consent to any transfer of
personal information, collected by ProTalent Sites, outside your
country for the purposes of storing the information where ProTalent
Sites and/or its agents maintain their facilities. You are
responsible for protecting and enforcing your rights in and to any
Submissions. No compensation will be paid with respect to the use
of your Submission, as provided herein. ProTalent Sites is under no
obligation to post or use any Submission you may provide and may
remove any Submission at any time at the sole discretion of
ProTalent Sites.
Intellectual Property Rights
You acknowledge that ProTalent Sites owns all right, title, and
interest in and to the Site, the ProTalent Sites Systems and/or any
content on the Site not posted by a ProTalent Sites User and/or an
acknowledged third party, including all intellectual property
rights (the "ProTalent Sites IP"). ProTalent Sites IP is protected
by Australian, United States of America, South African and
international intellectual property laws. Accordingly, you agree
that you will not copy, reproduce, alter, modify, or create
derivative works from the ProTalent Sites Website or ProTalent
Sites IP. You also agree that you will not use any robot, spider,
other automated device or manual process to monitor or copy any
content from the ProTalent Sites Website or ProTalent Sites IP.
Indemnification
You agree to hold harmless and indemnify ProTalent Sites and its
subsidiaries, affiliates, officers, agents and employees from and
against any third party claim arising from or in any way related to
your use of the ProTalent Sites Systems, the Service and/or
ProTalent Sites Website, including any liability or expense arising
from all claims, losses, damages (actual or consequential), suits,
judgments, litigation costs and attorneys' fees, of every kind and
nature.
Changes to Terms
ProTalent Sites may, at its sole discretion, revise the Terms,
including any changes, at any time by updating this posting, with
the revised Terms taking effect for all Users as of the date stated
on the posting. You waive any right you may have to receive
specific notice of such changes or modifications. Consequently,
Users should consult the Terms regularly. Your continued use of
this Site following the posting of changes or modifications will
confirm your acceptance of such changes or modifications. If you do
not agree to the amended terms, you must stop using the Site.
Limited Warranty
ProTalent Sites does not warrant that the Site, the Service, the
ProTalent Sites Systems or any User Sites will meet your
requirements or that the operation thereof will be uninterrupted or
error-free. The Site, The Services and the ProTalent Sites Systems
are provided 'as is' without warranty of any kind, either expressed
or implied, including, but not limited to the implied warranties of
merchantability and fitness for a particular purpose. The entire
reisk as to the quality and performance of the Site, the Service
and the ProTalent Sites Systems is with you. Should any of the
foregoing prove defective, you (and not ProTalent Sites, its
parent, subsidiaries, affiliates or licensors) assume the entire
cost of all necessary servicing, repair or correct.
Liability Disclaimer
The information, content, software, products and services
included in or available though the Site and Services may include
inaccuracies or typographical errors. Changes are periodically
added to the information herein. ProTalent Sites and/or its
suppliers may make improvements and/or changes in the Site at any
time. Advice received via the Site or any User Site should not be
relied upon for personal, medical, legal or financial decisions and
you should consult an appropriate professional for specific advice
tailored to your situation. ProTalent Sites and/or its suppliers
make no representations about the sustainability, reliability,
availability, timeliness, safety and accuracy of the information,
software, products, services and related graphics contained on the
Site, User Sites or accessed through the Services for any purpose.
To the maximum extent permitted by applicable law, all such
information, software, products, services and related graphics are
provided 'as is' without warranty or condition of any kind.
ProTalent Sites and/or its suppliers hereby disclaim all warranties
and conditions with regard to this information, software, products,
services and related graphics, including all implied warranties or
conditions of merchantability, fitness for a particular purpose,
title and non-infringement. To the maximum extent permitted by
applicable law, in no event should ProTalent Sites and/or its
suppliers be liable for any direct, indirect, punitive, incidental,
special, consequential damages or any damages whatsoever. This
includes, without limitation, damages for loss of use, data
or profits, arising out of or in any way connected with: the use or
performance of the site, the services or the ProTalent Sites
systems; the delay or inability to use the Site, the Services or
the ProTalent Sites Systems; the provision of or failure to provide
Services, or for any information, software, products, services and
related graphics obtained
Through the Site or Services, or otherwise arising out of the
use of the Site or Services, whether based on contract, tort,
negligence, strict liability or otherwise, even if ProTalent Sites
or any of its suppliers has been advised of the possibility of
damages. Because some states/jurisdictions do not allow the
exclusion or limitation of liability for consequential or
incidental damages, the above limitations may not apply to you. If
you are dissatisfied with any portion of the Site, Servies or the
ProTalent Sites Systems, or with any of the Terms of Use, your sole
and exclusive remedy is to discontinue using the Site, the Services
and the ProTalent Sites Systems.
Service Contact
Please all support enquiries via www.protalentsites.com/customersupport.aspx.
Termination/Access Restriction
ProTalent Sites reserves the right, in its sole discretion, to
terminate your account and your access to the Site, the ProTalent
Sites Systems and the Services, or any portion thereof, and to
remove or block access to any User Site or any User Content at any
time without notice for any reason (including without limitation
for unacceptable Content or for any violation of these Terms) or
for no reason.
Consent to Disclose Information
You acknowledge, consent and agree that ProTalent Sites may
access, preserve and disclose your account information (including
your name and contact information) and Content if required to do so
by law or in a good faith belief that such access, preservation or
disclosure is reasonably necessary or appropriate to: (a) comply
with legal process; (b) enforce these Terms; (c) respond to claims
that any Content violates the rights of third parties; (d) respond
to your requests for customer service; or (e) protect the rights,
property or personal safety of ProTalent Sites, its users and the
public. Please see our Privacy Policy for more information on how
we may use and disclose your account information.
Governing Law and Jurisdiction
To the maximum extent permitted by law, this agreement is
governed by the laws of the state of Victoria, Australia, and you
hereby consent to the laws of this state, being the exclusive
jurisdiction and venue of courts in all disputes arising out of or
relating to the use of the ProTalent Sites Systems, the Site or the
Service. Use of the ProTalent Sites Systems, the Site or the
Service is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you
and ProTalent Sites as a result of this agreement or use of the
ProTalent Sites Systems. The performance of ProTalent Sites per
this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of the right
to comply by ProTalent Sites with governmental, court and law
enforcement requests or requirements relating to your use of the
ProTalent Sites Systems or information provided to or gathered by
ProTalent Sites with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and
ProTalent Sites with respect to the ProTalent Sites Systems and it
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user
and ProTalent Sites with respect to the ProTalent Sites Systems. A
printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business
documents and records originally generated and maintained in
printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
Copyright
All Content and other material on the Site and the ProTalent
Sites Systems are the proprietary property of ProTalent Sites or
its licensors or users and are protected by Australian and
international copyright laws. All rights not expressly granted in
these terms are expressly reserved.
Trademark
ProTalent Sites, the ProTalent Sites logo, and any other product
or service name or slogan contained in the Site are trademarks of
ProTalent Sites and its suppliers or licensors, and may not be
copied, imitated or used, in whole or in part, without the prior
written permission of ProTalent Sites or the applicable trademark
holder. You may not use any metatags or any other "hidden text"
utilizing "ProTalent Sites", or any other name, trademark or
product or service name of ProTalent Sites without our prior
written permission. In addition, the look and feel of the Site,
including all page headers, custom graphics, button icons and
scripts, is the service mark, trademark and/or trade dress of
ProTalent Sites and may not be copied, imitated or used, in whole
or in part, without our prior written permission. All other
trademarks, registered trademarks, product names and company names
or logos mentioned in the Site are the property of their respective
owners. Reference to any products, services, processes or other
information, by trade name, trademark, manufacturer, supplier or
otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof by ProTalent Sites.
Notices & Procedure for Making Claims of
Copyright Infringement
If you believe that anything on the Site or the Service
infringes upon any copyright which you own or control, you may file
a notification of such infringement via
www.protalentsites.com/customersupport.aspx. You must also send: a
physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed; identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative
list of such works at that site; identification of the material
that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to
locate the material; Information reasonably sufficient to permit us
to contact the complaining party, such as an address, telephone
number and, if available, an electronic mail address at which the
complaining party may be contacted; A statement that the
complaining party has a good-faith belief that use of the material
in the manner complained of is not authorized by the copyright
owner, its agent or the law; and a statement that the information
in the notification is accurate, and under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed. We may give
notice of a claim of copyright infringement to our users by means
of a general notice on the Site, electronic mail to a user's email
address in our records, or by written communication sent by
first-class mail to a user's address in our records. ProTalent
Sites has adopted a policy of terminating, in appropriate
circumstances and at the sole discretion of ProTalent Sites,
subscribers or account holders who are deemed to be repeat
infringers. ProTalent Sites may also at its sole discretion limit
access to the Site and/or terminate the accounts of any users who
infringe any intellectual property rights of others, whether or not
there is any repeat infringement.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a)
provide accurate, current and complete information about you as may
be prompted by any registration forms on the Site ("Registration
Data"); (b) maintain the security of your password and
identification; (c) maintain and promptly update the Registration
Data, and any other information you provide to ProTalent Sites, to
keep it accurate, current and complete; and (d) accept all risks of
unauthorized access to the Registration Data and any other
information you provide to ProTalent Sites.
ProTalent Sites
ABN: 97 145 198 867
ph: +61 3 9020 5654
Shop 5, 9 Yarra Street
South Yarra, VIC, Australia 3141