The following are the terms on which we offer you access to our website (“Website”). The Talenttly Website is owned and operated by VMG. By using Talenttly you agree to be bound by these Terms of Use, the Talenttly Privacy Policy.
Changes to the Terms and Conditions
These terms and conditions (“Terms of Use”) may be changed by us from time to time. You are responsible for ensuring you are familiar with the latest Terms of Use. Continuing to use Talenttly represents your agreement to be bound by the Terms of Use as amended.
The terms of Talenttly’s Privacy Policy as updated from time to time (“Privacy Policy”) shall apply to all personal information that you provide to Talenttly or authorise us to collect in connection with the Website
These Terms of Use (as amended from time to time) shall together with any other document specifically referred to herein (including the Privacy Policy) form the entire agreement between us.
Our Services
Talenttly is an online marketplace where Talent and Casting Professionals connect directly about jobs and auditions in the entertainment industry. Talenttly is not an agency and does not represent talent or advertisers.
Talenttly operates a website which provides a service enabling advertisers such as television production companies, advertising agencies, theatres, event promotion companies and other advertisers operating in the entertainment industry to place classified advertisements. Advertisers may choose to place advertisements, and applicants such as models, actors, dancers, photographers, musicians and other individuals that may choose to apply to such advertisements, at which point the applicant’s details will be forwarded to the advertiser or display further application instructions.
Users of Talenttly (“Members”) who choose to subscribe to Membership of Talenttly will appear in the Talent Directory, can contact and receive contact from other members of Talenttly, and access further features and tools .
By default, a Member’s profile is public, and any internet user visiting Talenttly may view that member’s profile, including photos and showreels. Profiles are also accessible from search engines such as Google.
Talenttly is not responsible for the content, and makes no warranty as to the accuracy of the advertisements. Members should always use their own judgement in deciding whether or not to apply for any of the roles advertised on Talenttly. We provide Talenttly only for the purposes of providing listings for casting, auditions, and at our discretion, general jobs, with third party Advertisers. Whether these roles are listed by the Advertiser or listed by a Talenttly representative on behalf of the Advertiser, we shall not be liable under any circumstances for the actions of any Advertiser of any role or other job featured on Talenttly.
Talenttly is not responsible for the content, and makes no warranty as to the accuracy of Members’ personal information or the personal information of any close contact made available by a Member. Advertisers should always use their own judgement in deciding whether to contact, cast or audition Members. We shall not be liable under any circumstances for the actions of any Member or any close contact of a Member.
By submitting a listing for placement on Talenttly you consent to the use of your name, website, email, logo and listing information in marketing and promotional activities conducted by Talenttly.
Talenttly Services are limited to providing advertisers with access to information about applicants seeking work in the entertainment business and to providing access to information about advertisers to such applicants. This Service is the only work finding Service provided by Talenttly and Talenttly is not connected to the advertisers or applicants save in respect of these Terms of Use.
You acknowledge that the decision to offer you or your close contacts auditions or jobs rests with the advertisers who use Talenttly, and the availability of such jobs is affected by the industry as a whole. Talenttly cannot guarantee that applicants will be offered auditions or jobs, or that advertisers will find suitable talent, through using Talenttly.
It is your responsibility to ensure that any audition or job offered by employers is acceptable to you or your close contacts. Talenttly is unable to provide advice relating to the nature, duration, terms, or payment for any job.
Members acknowledge that no term of these Terms of Use, nor any other matter arising out of the Member’s use of Talenttly, shall be taken to create or establish a relationship of employment, principal and agent, joint venture, legal partnership or other legal relationship except that of user and provider of services.
Responsibility for Minors
Talenttly is intended for persons aged 18 or over. Legal guardians may register and operate a profile for a minor. By registering and operating a profile on behalf of a minor, you acknowledge that some parts of Talenttly may contain material that is inappropriate for minors, and you agree to supervise all activity that occurs on the minor’s profile.
Currently and without limit, individuals who are under 18 may not operate their own registered profile on Talenttly.
If you register on behalf of a minor, you must still comply, and must ensure the minor complies, with these Terms of Use and provide the required consents in relation to these Terms of Use and Privacy Policy (on behalf of the minor). Any breach of these Terms of Use by the minor is deemed to be a breach by you. You must ensure that any access by the minor to Talenttly or to communications made via Talenttly is fully supervised by you. You or a minor registered by you are not permitted to upload images of an adult or inappropriate nature. Minors may not advertise casting calls or jobs. From time to time, Talenttly may advise you of other policies or conditions that apply to the profiles of minors. You must comply with those policies or conditions if you are to continue using Talenttly.
Membership Restrictions
You may not use Talenttly if:
You have ever been convicted of a serious, violent, or sexually related criminal offence.
You have previously been banned from using our Services, or are associated with someone who is banned from using our Services.
You are directly or indirectly involved in the operation of an entity that competes with our Services.
You are associated with the adult industry.
Talenttly reserves the right to refuse or cancel any membership without explanation.
Paid and Unpaid Work
Whether your posting is for paid or unpaid work, you warrant that your posting and the job or audition advertised are not in breach of any relevant law in force including, but not limited to, the laws relating to the national minimum wage, employment rights and equality/diversity. You agree that it is your responsibility to meet all legal obligations towards those whom your posting is aimed at.
Talenttly reserves the right in its absolute discretion not to allow your advertisement to be posted or to remove your advertisement from our Website and the App if, in its reasonable opinion, the advertisement is in breach of national minimum wage legislation or any other legislation, including laws relating to employment rights and equality/diversity.
Liability
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Talenttly to you or any other person under or in connection with these Terms of Use, the Talenttly Community Guidelines, the Privacy Policy, the Cookie Policy, or in connection with the Services, this Website, another member’s acts or omissions, or your use of or inability to use the Services, the Website and/or the App is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. To the maximum extent permitted by law, Talenttly’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
Indemnity
You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your use of our Services, the Website or your breach of any term of your agreement with us.
Breach
Without limiting any other rights and remedies available to Talenttly, we may limit your activities on the Website and the App, remove your advertisements, remove your profile and files, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these Terms of Use, our Community Guidelines, Privacy Policy, or any of our other policies, or where Talenttly considers it otherwise appropriate. You agree that if you are removed from Talenttly for breaching these terms, or where Talenttly considers it appropriate, we may notify or contact other members or persons with whom you’ve had contact through our service to advise them that your membership has been removed.
Subscriptions – Charges on your Billing Account
Talenttly does not make a charge to an advertiser in the event that it employs an applicant and does not charge a fee or take commission from an applicant who has secured work from the provision of the Service.
The fees payable in respect of the Service, Contact Credits, Noticeboard entries and/or Enhanced Listings shall be those fees as set out on the Website from time to time. We reserve the right to vary the fees in accordance with these Terms of Use.
Billing agents. If you choose to make a payment to Talenttly, Talenttly bills you through an online account (your “Billing Account”) for use of the Website and Service. Talenttly does this either directly as the merchant, or through one of its billing agents (Worldpay, Interactive Payment Services Limited, PayPal or Apple (the “Billing Agents”). The services provided by the Billing Agents to Talenttly are administrative only and do not affect the contractual relationship between you and Talenttly. For the purposes of privacy and the GDPR, Worldpay, IPS, and other billing agents may be considered a Data Controller wherever personal transactional data is processed.
Payment method. The terms of your payment will be based on your chosen Payment Method and may be determined by your financial institution, credit card issuer or other provider. You authorise Talenttly to charge your chosen payment method, and securely store your payment method so that you can continue to receive the Service and use the Website and App. If you become aware of fraudulent use of your card or it is lost or stolen, you must notify your Payment Method Provider. Where Talenttly (or its Billing Agents) are obliged as a merchant to refund payment, we will do so to meet our merchant obligations. If Talenttly (or its Billing Agents) does not receive payment from your Payment Method Provider, or has to refund payment pursuant to its merchant obligations, you agree to pay all amounts due on your Billing Account upon demand. Talenttly and its Billing Agents reserve the right to correct any errors or mistakes it makes even if it has already requested or received payment.
Recurring billing. Your Talenttly subscription will auto-renew and be automatically extended for successive periods of the same duration as the subscription term originally selected, at the originally selected subscription rate. You accept responsibility for all recurring charges prior to your cancellation. To change or cancel your subscription at any time, go to your accounts page or email contact@talenttly.com
Reaffirmation of authorisation. Your non-termination or continued use of the Service reaffirms that Talenttly is authorised to charge your Payment Method. This does not waive Talenttly’s right to seek payment directly from you.
Current information required. You must provide current, complete and accurate information for your Billing Account. You must promptly update any information that changes (such as a change in billing address, credit card number, or credit card expiry), and you must promptly notify Talenttly if your Payment Method is cancelled (e.g. for loss or theft) or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your user name or password. Changes to such information can be made by emailing contact@Talenttly.com. If you fail to provide Talenttly with any of this information, you agree that Talenttly may continue charging you for any use of Talenttly under your Billing Account unless you have cancelled your subscription for Talenttly.
Billing discrepancies. Unless you notify Talenttly of any discrepancies within 60 days after they first appear on your payment statement, they will be deemed accepted by you and you release Talenttly from all liabilities and claims of loss resulting from any such error or discrepancy.
Cancellation.To cancel, you must give Talenttly prior notice that you wish to cancel this payment authorisation or wish to change your payment method. Such notice will not affect payments processed before Talenttly reasonably could act. To cancel your authorisation or change your Payment Method, go to your accounts page or email contact@Talenttly.com. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires and no further subscription payments will be taken. No partial or prorated refunds will be given for unused portions of your subscription term.
Price Changes
We reserve the right to increase fees or introduce new prices or charges at any time.
Refunds
For subscription terms over one month, you have the right to cancel your subscription with Talenttly and claim a refund of your payment within the first 30 days of your subscription. Please allow 5-7 days for your refund to be processed back to your original payment method.
If Talenttly removes your membership due to a breach of your agreement with Talenttly, no refund will be given.
Any refunds given at our discretion outside of this policy may be subject to an administration fee charged by our billing agent.
Intellectual Property
The Website, the App and any associated microsites created and hosted by Talenttly, and all content on the Website (including advertisements, data, text, graphics, photographs, logos, videos and the look and feel) and all intellectual property rights in those (including copyright) are owned by Talenttly (or our contributors and other licensors). You must not, and must not permit any other person to, copy, modify, adapt, create derivative works of, transmit, distribute, upload to any site, create a link to, exploit or deal with in any way, any part of the Website, or their content.
You are not permitted to use or reproduce or allow anyone to use or reproduce the name, trade marks and logos of Talenttly for any reason without our express written permission.
You must access the Website via standard web browsers only and not by any other method (such as scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method) except with our express written permission.
Viruses
Although we take reasonable steps to prevent the introduction of viruses or other destructive materials to our Website, App, associated microsites, or online service, we do not guarantee that the Service or materials that may be available from Talenttly do not contain such destructive features. We shall not be liable for any damages or liability attributable to such features. Subject to the liability section of these terms of use, if you use any materials available through Talenttly, you do so solely at your own risk.
Site Access
Access to Talenttly may be interrupted, restricted, or delayed from time to time. Subject to the liability section of these terms of use, we will not be liable for damages or costs in these circumstances.
Prohibitions
You are responsible for ensuring that no material you post or otherwise include in (or link to) your profile, or which is posted through a machine on which you access Talenttly, nor any activity or communication you make in connection with any Talenttly Service, will be capable of:
Infringing the intellectual property, right to privacy, or other rights of any person or entity;
Breaching any applicable law, whether criminal, tortious or otherwise;
Being objectionable, within the meaning of the Films, Videos and Publications Classifications Act 1993;
Appearing to be offensive, threatening, harassing, obscene, pornographic, fetish, false, unreliable or misleading; or
Being considered spam or unwanted advertising of products or services.
Talenttly reserves the right to report to authorities or remove any material from the Website and/or the App where we consider it appropriate.
Applicable Law and Jurisdiction
Talenttly is operated from England, United Kingdom. Your agreement with Talenttly (including these Terms of Use, Privacy Policy, Cookie Policy, and Community Guidelines) and any other agreements with Talenttly arising from our Website are governed by English law. Any dispute arising in relation to your agreement with Talenttly, and any agreement arising from our Website or the App will be heard in England and resolved in accordance with English law.
Inaccurate Information
All information provided to us must be complete and accurate information. If any information you provide to us (including any personal information regarding any close contact) changes you will be responsible for providing us with the updated information. We shall not be held liable for any loss, damage or consequences as a result of inaccurate or incomplete information we receive from you.
Password and Sign-in Security
You are responsible for any use of Talenttly with your password and protecting your password from unauthorised use. You are also responsible for the security of any computer where you choose to remain signed in to Talenttly. We may treat any access or use of the Website at any time by the use of your password as access or use of the Website by you.
Links
Talenttly may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Talenttly has no control over such sites and resources, you acknowledge and agree that Talenttly is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Talenttly shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
Member Contact
When you create a profile and make it public, you understand that Talenttly will publish your information and photos, and allow other Talenttly members to contact you.
You agree that you will not use the contact system to send junk mail, spam, offensive messages, or for any purposes other than those directly related to auditions or casting calls. Talenttly will be the sole judge of any breach of the conditions of use. Any breach of these conditions can result in your membership being terminated and a permanent ban from Talenttly. No refund will be given if you have breached the conditions of use.
Sharing Content and Information
Any material submitted by you through the Website may be read and used by Talenttly and utilised for marketing purposes indefinitely, subject to the terms of the Privacy Policy to the extent such material is personal information. Your material may appear in Google and other search engines. Talenttly can reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display your information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any moral rights in your information have been waived.
If you wish to add details of close contacts to your profile (such as their names, ages and/or photos) you must first obtain express consent from those close contacts for Talenttly to lawfully process those details through the Website, the App and the Services in the manner anticipated by these Terms of Use and the Privacy Policy (including making such personal information available to advertisers).
Privacy
Please review our Privacy Policy.
Contact Information
contact@talenttly.com