Terms & Conditions
1. Use of this Site
This site is the property of Talent By Skill Inc. (“TBS Inc.”). Your use of this site, any services made available through this site (the "Services") or the purchase of products using the site is subject to your agreement to the terms and conditions set forth herein and the completion of any applicable registration requirement. By accessing or registering to access any portion of this site or any Services or by using any portion of this site or any Services you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not proceed any further and do not access or use this site or any of the Services made available herein.
2. User Content
The site may allow you to upload photographs, reviews, videos, designs, drawings or other content (“User Content”). You shall be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the site and related TBS Inc. platforms. You shall retain ownership of all User Content and hereby grant to TBS Inc. a non-exclusive, royalty-free, transferable, worldwide right and irrevocable license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the site and related TBS Inc. platforms and for TBS Inc’s business purposes, including sale of Products bearing the User Content to third party retailers. You also grant the other users of the site and related TBS Inc. platforms a non-exclusive license to access the User Content via the site and related TBS Inc. platforms and to use, reproduce, distribute and display such User Content subject to these Terms and Conditions. You grant TBS Inc. the right to identify you as the author of any such User Content by name, email address, screen name, likeness, or other identifying information, and you acknowledge that TBS Inc. has the right, but is not obligated, to use any such User Content and that TBS Inc. may stop using such User Content at any time for any reason.
You agree not to submit, upload, or otherwise make available via the site any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable as determined by TBS Inc.; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which you do not have the rights necessary to transmit and publish such content or materials, or to grant TBS Inc. the license to use such content or materials as described herein. You acknowledge that TBS Inc. has no obligation to monitor or screen User Content submitted to the site, but that TBS Inc. shall have the right (but not the obligation) to reject, remove or delete any User Content for any or no reason.
Third-Party Content: You understand and agree that TBS Inc. does not control and is not responsible for any content made available on the site by other users. Your use of, or reliance on, any information contained in such third party content is at your own risk. Under no circumstances will TBS Inc. be liable for any such third-party content or for any loss or damage resulting in your use of, or reliance on, such third party content.
3. Terms of Use
Use of this site is solely at TBS Inc.’s discretion, and TBS Inc. reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information from this site. You are not granted any rights in or to this site, any Services or any information, other than the limited right to use this site, the Services or the information according to the terms of this agreement and the policies and procedures that TBS Inc. may adopt and make available on this site from time to time. TBS Inc. may terminate your access to this site at any time. This site is for your personal, non-commercial use.
This site contains information proprietary to TBS Inc. and its business partners and customers (the "Information") including but not limited to (i) the site’s look, feel and embodied know-how, ideas, concepts, videos, designs, images, and other content, and (ii) information and data related to TBS Inc., its business partners and its or their customers. You acknowledge that this information may be treated as confidential by TBS Inc., its business partners, and customers and agree to take all reasonable measures to protect the confidentiality of the Information. This site is protected by U.S. copyright law and international treaties.
You agree (i) not to re-transmit, copy, publicly display, sell or use the Information provided for business purposes, and (ii) not to alter or remove any of the Information or any consent or other proprietary notice or legend on any of the Information, other than Information that you have supplied. You agree to comply with all applicable laws and regulations regarding your access to and use of the site and the Services. You must be at least 13 years of age to use the Site.
Trademarks: All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the site are expressly reserved by TBS Inc. and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks and are protected by the U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to you under these Terms and Conditions or by virtue of your use of the site. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of TBS Inc. or the applicable rights holder.
Acceptable Use: Your permitted use of the site and Information is limited to the standard functionality of a website. In no event may the site be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by TBS Inc. to access Information, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access to TBS Inc.’ systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden TBS Inc.’ servers or networks, or (viii) fails to comply with applicable third party terms (e.g., wireless carrier terms of service). TBS Inc. reserves the right to bring legal action against you if you engage in use that violates these Terms and Conditions. TBS Inc.’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms and Conditions.
No Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY SITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
The information and all other materials on this site are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this site or any website with which it is linked.
Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Site Errors
In the event a product is listed on the site at an incorrect price or with incorrect information, orders for such products will be revised to reflect the correct price or information. TBS Inc reserves the right to reject any orders placed on the site.
Personal Information
In order to access and use the site or to order products through the site, you may be required to provide information about yourself (such as your name and contact details). You agree to provide us with accurate information. Our current practices related to personally identifiable information collected through the site are set forth below. We may update our privacy policy and practices from time to time at our sole discretion.
Removal of User-Generated Content
In general. On certain pages of this site, we may provide you a tool to report objectionable User-Generated Content. If that tool is not available, you can report objectionable User-Generated Content by contacting us using the information provided below. While we do not have any obligation to remove any User-Generated Content from this Site merely because of a removal request, we will review all such requests and will remove User-Generated Content that we determine should be removed, in our sole discretion and in accordance with these Terms and Conditions and applicable law. Please be aware, however, that if the User-Generated Content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the User-Generated Content we remove from this site may remain on backup servers.
Violation of copyrights. TBS Inc. does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
DMCA Notice:
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this site or has been otherwise copied and made available on this site in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:
Your statement must be addressed as follows:
Copyright Agent
TBS Inc.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Links to Other Sites
This site may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-TBS Inc. website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this site, the content thereof, or the products and/or services made available through such websites. If you decide to leave our site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
Exclusion of Liability
To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this site or any site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
These Terms and Conditions give you specific legal rights and you may also have other rights which vary from country to country, and jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms and Conditions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms and Conditions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. The limitations and exclusions set out in these Terms and Conditions are inapplicable within the State of Illinois to the extent they disclaim liability for TBS Inc.’ own negligent, willful, or intentional conduct, or violation of any clearly established duty owed by TBS Inc. to exercise reasonable care in preventing the unlawful acts of others.
Your Indemnification Obligations
Upon request by TBS Inc. you agree to indemnify, defend, and hold harmless TBS Inc. and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from: (i) you use or misuse of the site; (ii) your violation of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property or privacy rights; or (iv) any claim that the User Content resulted in damage to a third party. TBS Inc. reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TBS Inc. in asserting any available defenses. Your indemnification obligations do not apply in the State of Illinois for any claim, liability, loss, expense or demand, including legal fees, arising out of TBS Inc.’ own negligence.
Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this site (or any portion thereof) and/or the information, materials, products and/or services available through this site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this site.
Law & Jurisdiction
These Terms and Conditions shall be subject to, governed by and construed under the laws of the State of Illinois in the United States of America, without regard to conflict of law principles. This site is operated from the State of Illinois and is intended to be accessed only by persons in the United States and Canada. Access to, or use of, this site or information, materials, products and/or services on this site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this site.
You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in the State of Illinois and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to the use of this site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.