If you want to become a Usemytalent.com member, please review this Terms of Service Agreement. By registering to become a Usemytalent.com member, clicking on the "I Agree" button and/or otherwise using the Usemytalent.com Web site you agree to the terms, conditions, notices and guidelines contained in this Terms of Service Agreement and, where applicable, you represent that you have obtained permission from your parent or legal guardian.

Please be advised that we may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall be automatically effective immediately after they are initially posted on our site. This Agreement may not otherwise be amended except in a writing signed by both parties. This Agreement was last revised on March 18, 2007.

Usemytalent.com provides a variety of free and paying online services including but not limited to email, home pages, professional directories, online portfolios, bulletin boards and discussion groups accessible through various URL's including but not limited to http://Usemytalent.com and its affiliate sites ("Usemytalent.com Web Site”,” this Web Site","Usemytalent.com resources","services"). These services are usable by all registered users and may be viewed by non-registered users, with the exception of the paying services that are limited to paying members only but may be viewed by non-registered users. Modeling agency scouts using the Usemytalent.com Agency Services (hereinafter "Professional Members") may also be able to view your online portfolio.

2. REGISTRATION OBLIGATIONS

In order to use Usemytalent.com's resources, you must obtain access to the World Wide Web, pay any service fees associated with such access, and supply all equipment necessary to make a connection with the World Wide Web.

By using any of Usemytalent.com's services, you agree to: (a) provide true, correct, accurate, current and complete information about yourself as prompted by the service's registration form and (b) maintain and promptly update the registration data to keep it true, correct, accurate, current and complete.

3. AGE REQUIREMENT

Usemytalent.com does not permit children under the age of 15 to become members, post home pages or web sites or online portfolios or obtain chat rooms and email accounts on our service without their parent’s permission. In addition, before you can become a Usemytalent.com member and/or use the Usemytalent.com Web site if you are between the ages of 15 and 18, inclusive, you MUST obtain permission from your parent or guardian.

4. MEMBER PRIVACY

It is Usemytalent.com's policy to respect the privacy of its members. Usemytalent.com will not monitor, edit, or disclose any personal information about you or your Usemytalent.com account, including its contents, without your prior permission unless Usemytalent.com has a good faith belief that such action is necessary to 1) conform to legal requirements or comply with legal process; 2) protect and defend the rights of Usemytalent.com; 3) enforce the TOS (Terms of Services); or 4) act to protect the interest of its members or others. Usemytalent.com does provide certain user information in aggregate form to third parties, including its advertisers, for demographics.

However, you agree that Usemytalent.com may access your account, including its contents, as stated above or to respond to service or technical issues.

5. MEMBER CONDUCT

You understand and are aware that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereinafter "content"), whether publicly posted or privately transmitted are the sole responsibility of the person from which such content originated. This means that you, and not Usemytalent.com, are entirely responsible for all content that you upload, post, or otherwise transmit via any of Usemytalent.com's services. Usemytalent.com does not control the content posted on its services and therefore does not guarantee its accuracy, integrity or quality. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. The opinions and views expressed by Usemytalent.com's members or visitors do not necessarily represent those of Usemytalent.com.

Usemytalent.com reserves the right to modify or remove anything submitted to its service and to cancel any free membership, at any time, for any reason and without prior notice. In addition, Usemytalent.com, in its sole discretion, may terminate your account including accounts of paying members, or block your access to certain member features including but not limited to the member forums, for violation of the letter or spirit of the TOS and/or for violation of the forum rules posted in the member forums.

You agree to notify Usemytalent.com immediately of any unauthorized use of your account or any other breach of security.

The following is a non-exclusive list of actions and content that are prohibited on Usemytalent.com's site:

(A) Any use of copyrighted, trademarked, patented, or otherwise service marked material without the express permission of the author or owner, the commission of any acts of copyright , trademark or any other intellectual property infringement, or contributing to, inducing, or facilitating such infringement. This prohibition includes all forms of software piracy;

(B) Uploading, posting or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable. This also includes content that promotes illegal activity in any way. Usemytalent.com reserves the right to report violations of this provision to, and will cooperate with, law enforcement authorities;

(C) The harming of minors in any way;

(D) The manipulation of identifiers in any way in order to disguise the origin of any content transmitted through Usemytalent.com's services or develop restricted or password-only access pages, or hidden pages or images;

(E) The uploading, posting or transmission of 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, hardware or telecommunications equipment;

(F) Intentionally or unintentionally violating any applicable local, state, national or international laws, and cyber laws and violating the local, state, national and international rules-regulations including in the print-media and web-media etc.

(G) The collection or storage of personal data about other users;

(H) Impersonating any person or entity, including but not limited to, a Usemytalent.com official, forum leader, guide or host, or misrepresentation of your affiliation with a person or entity;

(I) Uploading, posting or otherwise transmitting any content that you do not have the right to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(J) Uploading, posting or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail", "SPAM", "chain letters", pyramid schemes", or any other form of solicitation;

(K) Disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges;

(L) Using your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond Usemytalent.com and its affiliates;

(M) Having multiple Usemytalent.com portfolios with different names or inaccurate or inconsistent information; posting any incomplete, false or inaccurate portfolio information or information which is not your own accurate portfolio (living individual seeking modeling employment on a full-time or part-time basis on his or her own behalf);

(N) The selling or placement of advertising on your Usemytalent.com home page or portfolio page to anyone or any commercial third party;

(O) Using the Usemytalent.com forums, email or any other means, except if explicitly authorized in writing by Usemytalent.com, to contact Usemytalent.com members for talent placement services, model scouting or booking or any other form of recruitment, agent services or job placement offer; offering any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;

(P) Taking any action which imposes an unreasonable or disproportionately large load on the Usemytalent.com Web Site's infrastructure;

(Q) If you have a password allowing access to a non-public area of the Usemytalent.com Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;

(R) Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Usemytalent.com Web Site other than the search engine and search agents available from Usemytalent.com on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); or

(S) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Usemytalent.com Web Site.

6. CONTENT SUBMITTED TO Usemytalent.com

Usemytalent.com does not claim ownership of the Content you place on your Usemytalent.com Portfolio or in other sections of the Usemytalent.com Site. By submitting Content to Usemytalent.com for inclusion on your Usemytalent.com Portfolio or in other sections of the Usemytalent.com Site, you grant Usemytalent.com the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Usemytalent.com Portfolio and/or the Usemytalent.com section your portfolio is listed in and/or your content on Usemytalent.com's Internet properties. This license exists for as long as you continue to be a Usemytalent.com member and shall be terminated when you request from us by email that your content be removed and you have received confirmation from Usemytalent.com of the removal of your content. You also represent that you have full power and authority to comply with the Terms of Service Agreement without violating the rights of others and agree that your use of Usemytalent.com and its services will comply with these Terms of Service Agreement without violating the rights of others.

7. CHARGES AND BILLING

At registration time and until you receive notice from Usemytalent.com of any changes to its fees or billing methods, you will be subject to the fees and billing methods set forth for the membership subscription type you select during the online registration process and/or in the materials presented to you in connection with any offline registration process and/or set forth in this Terms of Service Agreement. Usemytalent.com reserves the right to change its fees or billing methods at any time, in case Usemytalent.com changes its fees or billing methods, a notice will be provided at least thirty (30) days in advance by email and/or by posting a notice on the Usemytalent.com Web site. Changes to Usemytalent.com fees or billing methods will not adversely affect you during the current term of your membership for services you have already paid for.

Usemytalent.com members can pay for their memberships by credit card, cashiers or personal check, money order or using PayPal. If you pay by credit card and select to have your membership automatically renewed in your account preferences or during registration, your membership will automatically be renewed on the day before its expiration date, and credit cards are automatically billed, on a yearly or monthly basis according to the applicable membership subscription type you selected at registration time, until such membership is terminated. If you do not select to have your membership automatically renewed in your account preferences or during registration you will not be billed or charged for the renewal and your account will automatically expire on its expiration date. If you pay by other means you will be invoiced on a yearly basis until your membership is terminated. In addition, every time you use Usemytalent.com's services or Web site, you reaffirm that Usemytalent.com is authorized to charge your credit card or bill you (even though such use is not a pre-condition to Usemytalent.com's authorization to do so.) You are also responsible and liable for any fees, including attorney and collection fees that Usemytalent.com may incur in its effort to collect any remaining or unpaid balances from you.

You are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children, other members, or your family or friends.

In addition, items other than subscription fees may be subject to charges, fees, and/or payment terms other than as described herein; such charges, fees, or other terms will, however, be described in connection with the product, service, or other offerings to which such charges, fees, and/or terms relate.

You can update or correct your contact and billing information at any time. Just as you want to make sure that information Usemytalent.com has about you is accurate, we want to keep only the most up-to-date information about your account. Therefore, whenever you believe that your contact or billing information needs updating, you can go to 'Edit Account' at http://usemytalent.com to make the necessary changes.

8. NO SPAM: DAMAGES

Usemytalent.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or unsolicited bulk email. In addition, because damages are often difficult to quantify, you agree to pay Usemytalent.com liquidated damages of $15 for each piece of spam addressed to any individual recipient or unsolicited bulk email transmitted from or otherwise connected with your Usemytalent.com account, or Usemytalent.com's actual damages, whichever is greater. Usemytalent.com's actual damages, whichever is greater.

9. SPECIAL WARNINGS FOR INTERNATIONAL USE

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported and imported from the United Statesor the country in which you reside.

10. INDEMNIFICATION

You agree to indemnify and hold Usemytalent.com, and its parents, subsidiaries, affiliates, officers, other partners, and employees, harmless from any claim, demand or damages, including reasonable attorney's fees, made by any third party due to or arising out of your content, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.

11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, rent, resell or exploit any portion of the service, use of the service or access to the service.

12. STORAGE

Currently, each Usemytalent.com free email address allows particular individuals to have 5MB of disk space for email. Usemytalent.com reserves the right to amend or modify this provision in the future.

13. NO GUARANTEE OF SERVICE

Usemytalent.com provides its services on a commercially reasonable basis and does not guarantee that members and/or users will be able to access or use the services at times or locations of their choice. Specifically Usemytalent.com reserves the right at any time to modify or discontinue temporarily the service (or any part of the service) with or without notice. You agree that Usemytalent.com should not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

14. ADVERTISEMENTS AND PROMOTIONS

Usemytalent.com runs advertisements and promotions on Usemytalent.com sites. By creating your Usemytalent.com site, you agree that Usemytalent.com has the right to run such advertisements and promotions in a manner and with such frequency that is subject to change. Your dealings with the advertisers and their promotions found on or through the service, including payment and delivery of related goods or services are solely between you and the advertiser. You agree that Usemytalent.com should not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.

15. LINKS

Links to the World Wide Web and other resources may be available through Usemytalent.com's services. Because Usemytalent.com has no control over such sites and resources, you acknowledge and agree that Usemytalent.com is not responsible for the availability of these resources and does not endorse any of the content, products, advertising or any other materials on or available from such sites or resources. Accordingly, you acknowledge that Usemytalent.com is not liable for any loss or damage which occurs as a result of using or relying on the content, goods and services found on these other sites.

16. DISCLAIMER OF WARRANTIES

A) The member agrees that the use of this site entirely at the member’s own risk. The site is provided on an “As Is” basis, without warranties of any kind. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. Usemytalent.com also disclaims any warranties for the security, reliability, timeliness and performance of the site to the fullest extent permitted by law. Usemytalent.com disclaims any warranties for other services or goods received through or advertised on the site, as well as for any information or advice received through the site or through any links provided in the site. Neither usemytalent.com nor any third-party content provider makes any warranty with respect to any content, information, services, or products provided through or in conjunction with the site.

(b) Usemytalent.com makes no implied or express representations or warranties about the reliability, or accessibility of the member pages or the associated storage facilities. usemytalent.com is not responsible for any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of member web pages; individual members are responsible for monitoring and creating backups of their pages.

17. LIMITATION OF LIAIBILITY

Under no circumstances shall usemytalent.com be liable to any user on account of that user's use or misuse of the site or reliance on the site. Usemytalent.com does not guarantee the legitimacy or identity of any user, including any professional member, or of any information or advice provided on usemytalent.com, including any information or content provided by professional members or another third party. Usemytalent.com does not guarantee that any users or members, including professional members, will use the usemytalent.com website properly or in compliance with the terms and conditions applicable to them. Usemytalent.com does not guarantee that any member will successfully obtain a contract, employment or sponsorship of any kind as a result of membership in or use of usemytalent.com. Your sole and exclusive remedy for any dispute with usemytalent.com is the cancellation of your account as detailed below in section 19 or the termination of your use of usemytalent.com. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, punitive and exemplary damages (even if usemytalent.com has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from the use or misuse of the site or reliance on the site, from inability to use the site or from the interruption, suspension, or termination of the site or services offered on the site (including such damages incurred by third parties). Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the site or received through any links provided on the site. Such limitation shall apply, without limitation, to the cost of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the site or any products, services, information, or merchandise that appears on, or is linked or related in any way to, the site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitations shall apply to the fullest extent permitted by law.

18. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 15 and 16 may not apply to you.

19. TERM, TERMINATION AND CANCELLATION

The Term of your Membership begins on the date you register as a Member of Usemytalent.com (i.e., the date your contact information {name, address, E-mail address, billing information} is entered into the Usemytalent.com database) and will continue on a yearly or monthly basis according to the applicable membership subscription type you selected at registration time, until you cancel your Membership as set forth below, unless it is otherwise canceled by Usemytalent.com pursuant to this Terms of Service Agreement.

You can cancel your Membership at any time by delivering a thirty (30) days notice to Usemytalent.com via E-mail sent to: info@usemytalent.com or by mail addressed to: Usemytalent.com, Attn: Usemytalent.com PO BOX 5282, FRESNO, CA 93755 . Write "Membership Cancellation" on the envelope to speed up processing of your request. You can also cancel onscreen by going to 'Edit Account > Cancel Membership' at http://usemytalent.com . You are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation and for all Membership or subscription fees payable through the natural expiration of your Membership (i.e., through the next annual or monthly renewal date as applicable).

You understand and agree that the cancellation of your Membership is your sole right and remedy with respect to any dispute with Usemytalent.com. This includes, but is not limited to, any dispute related to, or arising out of (i) any term of this Terms of Service Agreement or Usemytalent.com's enforcement or application of this Terms of Service Agreement; (ii) any policy or practice of Usemytalent.com, including Usemytalent.com's Content Guidelines and the Usemytalent.com's Privacy Policy, or Usemytalent.com's enforcement or application of these policies; (iii) the content available on Usemytalent.com or the Internet or any change in content provided through Usemytalent.com; or (iv) your ability to access and/or use Usemytalent.com and its services.

20. NOTICE

Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the service.

21. GENERAL INFORMATION

This TOS constitutes the entire agreement between you and Usemytalent.com. and governs your use of the service, superseding any prior agreements between you and Usemytalent.com (including, but not limited to any prior versions of the TOS). You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The TOS and the relationship between you and Usemytalent.com shall be governed by the laws of the State of California without regard to its conflict of law provisions.

You and Usemytalent.com agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Fresno , State of California .

The failure of Usemytalent.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

22. VIOLATIONS

Please report any violations of the TOS to Usemytalent.com at:

Usemytalent.com
PO BOX 5282       FRESNO, CA 93755
USA
or via email at info@usemytalent.com