YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY).
Welcome to Adult Talent List. This page states the “Terms of Service” exclusively under which a “Member” may use Adult Talent List (the “Website”). Please read this Agreement carefully and completely. If You accept its terms, proceed as described in the next paragraph. If You do not accept the “Terms of Service” stated here, please do not use this web site and its services.
BY CLICKING THE “I AGREE WITH THE TOS” BUTTON, YOU MANIFEST YOUR CONSENT TO BE CONTRACTUALLY BOUND BY THE TERMS OF THIS AGREEMENT AND BY ANY AMENDMENTS TO THIS AGREEMENT (OR OTHER BINDING CHANGES) WHICH MAY BE MADE PURSUANT TO ITS PROVISIONS, AS FURTHER DESCRIBED BELOW. YOU ALSO MAKE CERTAIN REPRESENTATIONS UNDER THE PENALTIES PROVIDED IN LAW FOR FALSE SWEARING. CERTAIN OBLIGATIONS MAY SURVIVE THE TERMINATION OF THIS AGREEMENT.
BY UPLOADING ANY CONTENT TO THIS WEBSITE, YOU ALSO MAKE CERTAIN REPRESENTATIONS DESCRIBED BELOW.
THIS AGREEMENT PROVIDES FOR THE MANDATORY RESOLUTION OF ALL DISPUTES BY ARBITRATION, THEREBY WAIVING ANY RIGHT TO ANY JURY TRIAL AND ALSO WAIVES ANY RIGHT TO PROCEED WITH OTHERS IN A CLASS ACTION.
BY CLICKING ON THE “I AGREE WITH THE BASIC MEMBER TOS” BUTTON AND/OR ENTERING A USERNAME/PASSWORD COMBINATION ANYWHERE IN THIS WEBSITE, YOU ARE DEEMED TO HAVE EXECUTED THIS AGREEMENT (AND AS IT SUBSEQUENTLY MAY BE AMENDED OR CHANGED UNDER ITS TERMS), AND EFFECTIVE ON THE SAME DATE. YOU HEREBY ACKNOWLEDGE THAT YOU ARE ABLE TO ELECTRONICALLY RECEIVE, DOWNLOAD, AND PRINT THIS AGREEMENT AND WILL BE ABLE TO ELECTRONICALLY RECEIVE, DOWNLOAD, AND PRINT ANY AMENDMENTS OR CHANGES MADE TO IT UNDER ITS TERMS.
These “Terms of Service” (also called “Contract” and “Agreement” here) constitute a contract between each “Basic Member” (“You” and “Your”) and Adult Talent List. (“Us,” “We,” or “Our”), the operator of this Website; In consideration of the mutual warranties, representations and promises which You and We make to one another, and the licenses granted herein to one another, each contracting party agrees with the other as follows:
No one, including You, is permitted to use the services provided here to aid in securing work as an employee or an independent contractor or in the engagement of one or more workers to provide work or services as independent contractors without first entering into these Terms of Service with Us. Adult Talent List, the operator of this Website, may revise these Terms of Service at any time by updating this posting as explained below in more detail. You should visit this page periodically to review the Terms of Service, because they are binding on You, and You agree that You will do so as often as You visit this Website. Elsewhere in this Agreement, You also agree to consult that page as often as You access this Website.
A “Premium Member” of this Website, as that term is used in this Agreement, is, (and the term “Premium Member” is defined as) a person or entity, including You, who intends to use it to assist in, explore, or investigate into the hiring of one or more employees or in the engagement of one or more workers to provide work or services as independent contractors for purposes that are exclusively lawful in the place or jurisdiction where the work or services associated with the employment or engagement are to be performed and who purchases a subscription to use this Website and registers identity and contact information for that purpose; It is of no significance that the actual employment or engagement You are investigating will actually be made by another person or entity, that Your role may be limited as a “go between” such as a talent agent or other kind of agent, employee of the person or entity who may ultimately hire or engage, broker, employment service or the like, or that Your interest in hiring or engagement now may be purely preliminary, investigatory, informal, vague, or concerning a possibility at a remote time, if Your purpose is at least to aid Yourself or another person in deciding whether to eventually or ultimately hire or engage help for a lawful purpose. In general, a Premium Member gets access to resumes posted by persons seeking work with the means to send messages and view any available information posted by Job Seeker members. Premium Members are also eligible to post Help Wanted ads. The terms “Job Seeker User” and “Basic Member”, as used in this Agreement, include any person who responds to Your advertisement(s) or who himself or herself posts any advertisement or other posting that presents an availability to perform work or services in any kind of capacity. “Basic Member” access is provided for the general viewing public, including those who are using this Website casually looking for work, and it is free of cost. Each person who accesses this Website, with or without any registration or any purchase of a subscription is referred to herein as a “user” and all such persons collectively are referred to herein as “members”. Basic Members are required to give their assent to a Terms of Service agreement, but they need not register themselves individually; They are permitted to search work available listings with an index/search utility, to access basic resources pertinent to a work search, and to view those areas which We may designate as free access areas for Basic Members who are looking for work, but they will not enjoy the ability post resumes. Basic Members may register with Us without cost to thereby become a “Premium Member” or upgrade to a “Premium Member” subscription. These classes of subscription may change upon the posting of notice, from time to time, in the manner otherwise provided for amendment elsewhere in this Agreement, or in respect to other classes of members, if different, in the provisions of the respective Terms of Service agreement which governs the access of such other kinds of members to this Website.
1.0 Use of Website. Content. Services.
Your use of this Website and of any and all of the Content and functionality provided to You by or through this Website shall be exclusively governed by the terms of this Agreement. The expression, “Content”, as used in this Agreement, means any and all information, ideas, and directions expressed in text, images, drawings, designs, videos, audio files, and/or programs. The expressions “services“, “functions”, “functionality” or “facilities” of this Website, as they are used in this Agreement refer to the Content appearing on the Website at any time, to the various indexing functions which the Website will, from time to time, provide, to any protocol or instrumentality for the uploading or posting of Content, and to any internal communications protocol which, in Our discretion, We may establish, operate, or delete to facilitate communication between or among members of the Website. We are an advertising website. We do not operate any talent or employment agency; we do not offer, procure, or promise to procure any employment or engagement for any person or attempt to do any of those things for any person.
1.1 User Warranties
You make the following warranties and representations to Us with the intent to be bound to them under the penalties provided in law for false swearing and/or perjury, with the intent of making them material, critical terms of this Agreement, and with the knowledge that they are essential conditions upon which We condition Your access to this Website and the use of its facilities. Your false representation as to any of them may amount to fraud, give rise to Our right to terminate this Agreement (keeping any and all payments made by You), to nullify or terminate any and all licenses granted to You, to seek damages and/or recover damages, render Your access to this Website into a trespass, and may present You with other adverse consequences.
10.1.11 Age, Competence and Computer Trespass By Deception
You represent and warrant to Us that You are eighteen years of age or older and that You have attained any higher age of majority specified or required either 1) in the jurisdiction where You live or 2) in the jurisdiction where You access this Website in order to enter into binding, general contracts. You further represent and warrant to Us that You are competent to enter into binding legal contracts such as this Agreement and that You are under no general or particular obligation or disability which prevents Your full and complete performance under this Agreement, including but not limited to providing the warranties recited in this Agreement. You are cautioned that even if You lack capacity to enter into a contract by virtue of Your age or other infirmity (or if Your representations are otherwise false), Your fraudulent misrepresentation in this connection may render You prosecutable and subject to criminal penalties in one or more jurisdictions for computer trespass by deception.
1.1.12 Lawful and Legitimate Purpose and Actions
You represent and warrant to Us that Your purposes in accessing and using this Website and any information or functionality available by or through this Website are entirely lawful and that none of Your purposes involves the defamation, degradation, harassment, trafficking, or exploitation of any person or group and that none of Your purposes is otherwise criminal, malicious or tortious. You further represent and warrant to Us that You will not knowingly or negligently use this Website or any information or functionality available by or through the Website to violate any applicable law, to commit any tort upon any person, or to harass, stalk, or wrong any person, including but not limited to 1) Us, Our heirs, assigns, officers, directors, managers, employees, attorneys, agents, representatives, and shareholders, 2) any persons with whom You engage in any transaction or with whom You interact as a result of Your or their use of this Website, and 3) other members of this Website.
1.1.13 Basic Member Purposes
You represent and warrant to Us that, You are a Basic Member of this Website as that term is defined in this Agreement. You represent and warrant to Us that You will not misrepresent Yourself, Your intentions, or Your situation to anyone about whom You learn or with whom You establish contact through the facilities of this Website, including another user of this Website. You further represent and warrant to Us that You shall neither intentionally nor negligently permit any other person to access the username/password combination provided to You for access to facilities of this Website as a Basic Member, nor to impersonate You. You particularly represent that You will neither intentionally nor negligently allow any minors to access 1) the Website or information or functionality available by or through the Website or 2) the username/password combination provided to You for access to the facilities of this Website as a User or 3) impersonate You. You warrant and represent that You will never access this Website for any journalistic, investigatory, or documentary purpose without prior notice to and prior, particular consent from Us in writing, manually signed by Our officer. You Represent and warrant that You are not a competitor of this Website nor a person exploring competition with it, and You represent that Your access is not and will never be made for the benefit of, at the request of, or on behalf of any competitor or person exploring competition with Us. You represent and warrant that Your access of this Website is not for the benefit of, at the request of, or on behalf of any unit or component of government or any public agency, commission, force, or bureau, You specifically represent and warrant to disclaim that You are acting as the agent, servant, employee, attorney, director, officer, or director of any government or governmental department, agency, force, authority, commission, office, or bureau and You warrant and represent that You will never access this Website in such a capacity or for such a purpose without prior notice to and prior, particular consent from Us in writing, manually signed by Our officer. It is agreed that no “particular consent”, as that term is used in this Section, shall ever arise from implication or inference.
1.1.14 Unimpeded Operation of Website and Internet
You represent and warrant to Us that none of Your purposes in accessing and using this Website and any information or functionality available by or through this Website involve interference or any attempt to interfere with the ordinary and commonly expected functioning of this Website, of any part of the Internet, or of any digital computer or similar device, whether or not connected to or accessible through any part of the Internet. You represent and warrant to Us that You will not attempt to hack the programming, code, or design of the Website. You represent and warrant to Us that You will not harvest or download its Content through any automated or programmed protocol. You represent and Warrant to Us that You will not harvest, download or otherwise capture any personally-identifiable information which may be associated with any user (including, but not limited to, Premium Members and Job Seeker Members) of the Website or associated with any other person who accesses or views the Website except for the purposes articulated in this Agreement’s definition of a Basic Member. You further represent and warrant to Us that You will not use this Website or any information or functionality available by or through this Website in connection with the dissemination or activation of any sort of malware, the initiation or perpetuation of any sort of spam, chain letter, or electronic transmission designed to attack or disable this Website or any other website or Internet operation.
1.1.15 Content Warranty, Intellectual Property, and Restricted Content
You represent and warrant to Us—and by every act of commenting, posting, uploading, or otherwise using this Website or any of its functionality to transmit or display any expressive Content on or through this Website, You shall further specifically represent and warrant to Us—with respect to all of the Content which You upload to or otherwise transmit through this Website 1) that it is not legally obscene or otherwise unlawful; 2) that it is not any form of child pornography; 3) that it does not contain words, symbols, images, or any other Content proscribed by Section 126.96.36.199 or 188.8.131.52; 4) that You possess (and You agree that You will continue to maintain so long as You remain a subscriber of this Website) documentary, written evidence of Your right to post the same without prejudice or injury to the rights of any other person and at the time of uploading or transmission, 5) that You had every right necessary for You to copy, use, transmit, display, and exploit the Content as You have or will use it in connection with it appearance in or transmission through the facilities of this Website, and 6) that You had, have, and maintain every right necessary to grant to Us the intellectual property licenses and permissions specified in Section 1.3.
1.1.16 Exclusively Truthful Information
You warrant and represent and You promise Us that all information that You may, in the future, provide us will exclusively be true, including information about Your identity, Your contact information, Your credit card or debit card information, and information that You may provide under this Agreement to assist Us in investigations.
1.2 Basic Member Limited License
Subject to and in consideration of Your warranties, representations, and Your performance of all of Your obligations under all of the provisions of this Agreement (as they may change over time pursuant to the terms of this Agreement), We hereby grant to You a limited, revocable, and non-transferable license to visit, browse, and view, this Website, its Content and to use its facilities that are limited to Basic Members and to use the Content and functionality provided by or through this Website exclusively for the purposes stated in Article 1.0’s definition of a Basic Member and further limited by the other provisions of this Agreement. The purpose, limit, and scope of this license are described in Section 100.200.100.
1.2.1 Permitted Use of Website
As a Basic Member under Your license to use this Website, You may view Website Content and use the basic existing facilities of the Website. In particular, as a Basic Member, You are permitted to search work available listings with an index/search utility, to access basic resources pertinent to a work search, and to view those areas which We may designate as free access areas for Basic Members who are looking for work.
1.2.2 Restrictions on Website Use
The use restrictions specified in this Section 1.2.2 and in all of the Subsections hereunder limit the license which We have granted You under this Agreement. You may not use this Website or any of the information or functionality provided by or through this Website in violation of the following use restrictions or of any other provision of this Agreement. For the purposes of the following use restrictions, to “use this Website or any information or functionality available by or through this Website” includes, casually browsing this Website or any of its contents and posting a resume.
184.108.40.206 Illegality and Tortious Conduct
You agree that You may not use this Website or functionality available by or through this Website or Content You obtain from it for any criminal or tortious purpose. You further agree that You will not use this Website, any information or Content that You derive from it, or any of its functionality to request, solicit, enable, encourage, or promote any crime or tort including, without limitation, illegal prostitution, unlawful drug use, fraud, blackmail or other extortion, money laundering, kidnapping, illegal trafficking, or any travel, transportation, or inducement or facilitation of travel for any person which is illegal for You or for any other person. You may not engage in, conspire with any person for, or attempt any illegal or tortious activity with, against, or involving any person whom You meet or learn about through this Website or use any information or functionality available by or through this Website for such purpose, and You may not use any part of this Website’s services or functions to propose, attempt, conspire for, or transact any such activity.
220.127.116.11 Fraud and Mischaracterization
You agree that You may not use this Website or any Content or functionality available by or through this Website to defraud Us or anyone else in any manner or to convey or advance any false or misleading information or claim; nor may You—on the Website or through any of its functionality—misrepresent Yourself, defraud any other person, or impersonate any other person.
18.104.22.168 Harassment and Related Misconduct
You agree that You may not use this Website or its services or any Content that You obtained from it to harass, stalk, or unreasonably annoy any other person; nor may You—on this Website or through any of its services—defame any other person or persons or cast him, her, or them in any false light or subject anyone to unreasonable ridicule or to any other abuse, including the publication or disclosure of any person’s actual secrets (including, but not limited to, information, history, images, and video, if such secrets are of a character that would objectively tend to embarrass and/or humiliate that or another person in the public eye or among his or her friends and/or family). You may not use this Website or any Content or services available by or through this Website to express any racist, sexist, or invidiously discriminatory attack or message. With respect to this use restriction, the foregoing sentence shall not be interpreted to prevent the use of this Website and its services for the purpose of hiring or engaging of any person to perform in or provide services for a production that may possess racist, discriminatory or sexist themes or any solicitation or communication reflecting the nature of such a production. We may establish and enforce rules of decorum or enforce common civility for this Website as We may determine in our sole discretion at any time without prior notice or warning.
22.214.171.124 Intellectual Property, Repeat Infringer Policy
You agree that You may not use this Website or any Content or functionality available in this Website to generate, upload, post, display, or transmit in any manner any written, graphic, or other expression which violates or infringes the copyright, trademark, service mark, or other similar mark, trade secret, right of publicity or privacy, or other intellectual property or similar right of Us or of any other person; nor may You upload, post, display, or transmit to or through the Website in any manner any such Content for which You lack the legal right to convey to Us the right to freely use, to publish and republish the same without offense to the rights of any other person. You may not download and repost or otherwise publish the intellectual property of any person posted or otherwise appearing anywhere on this Website without a lawful license from that person. We maintain and enforce the following repeat infringer policy: We will terminate Your use of Basic Member services of this Website if we determine that You have, through the services of this Website, infringed a copyright without legal justification or defense, on three (3) distinct occasions separated in time and in chain of causation.
126.96.36.199 Sexually Explicit Content
You agree that You may not use this Website or functionality available by or through this Website to generate, upload, post, display, or transmit in any manner any written, graphic, or other Content which is legally obscene or an image depicting “sexually explicit conduct” as that term is defined at Title 18 United States Code Section 2256 (2)(A); nor may You use this Website or any of its functionality to generate, upload, post, display, or transmit in any manner any form of child pornography. With respect to this use restriction, We may establish and enforce rules of decorum or enforce common civility for this Website as We may determine in our sole discretion at any time without prior notice or warning.
188.8.131.52 Interference with Operations
You agree that You may not use this Website or any information or functionality available from it in any manner which interferes with the information or services it provides others; nor may You alter or delete any information or Content existing on the Website, except that which You have placed there. You may not access this Website or any of its functionality in any unauthorized manner, including without limitation by spidering or other automated access, by accessing Content or services to which You are not entitled under this Agreement, by exceeding the scope of the License granted You herein, by reverse engineering this Website or any of its functionality, or by interfering with any of the hardware or software which We use to operate this Website. You may not use this Website or any information or functionality available by or through this Website to originate, disseminate, activate, or in any manner propagate any digital virus, Trojan horse, malicious cookie, or other malware, to initiate or perpetuate of any sort of spam, chain letter, or electronic transmission designed to attack or disable any this Website or any other website or Internet operation, or to interfere or attempt to interfere with the ordinary and commonly expected functioning of any part of the Internet or of any digital computer or similar device, whether or not connected to or accessible through any part of the Internet.
184.108.40.206 Similar Misconduct
You agree that You must—when visiting or using this Website or any information or functionality available by or through this Website and in connection with any of Our services—refrain from all misconduct similar to the foregoing and from any other unreasonable use of this Website or any information or functionality available by or through this Website. With respect to this use restriction, We may establish and enforce use rules for this Website as We may determine in our sole discretion at any time without prior notice or warning.
1.3 Advertisements and Rights in Submissions
You agree that, should we implement an internal service or facility as the exclusive means of contact between or among Premium Members, Basic Members, and Job Seeker Members, and post information about such service on the Website, Your postings shall make no reference to any other modality of communication, including but not limited to email addresses, phone numbers, URLs, SKYPE, Messenger, WhatsApp, or other utilities that enable communication apart from or enabling any person to bypass our own facility or service. By posting to or submitting any Content and/or information for publication anywhere on the Website, You grant Us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content and/or the information and/or to incorporate it in other works in any form, media or technology, including the right to combine it with or into other works.
2.0 Operator Rights and Authority
Our rights and authority in connection with Our operation and governance of this Website are specified in this Article 2.0 and in all of the Sections and Subsections hereunder, as well as by the other applicable terms of this Agreement.
2.1 Website Operation and Governance. Amendments to this Agreement.
We may exercise Our sound discretion and apply Our business and other judgment in the design, marketing, operation, and maintenance of this Website and any information or functionality available by or through this Website. We may alter, amend, or discontinue any portion of this Website or its functionality or any aspect of the services We offer in our sole discretion. We may, in Our sole discretion, add or delete Website functionality or expand or contract the range of services and facilities which We offer to You or to others. In order to reflect changes in the applicable law or for any other lawful purpose, We may alter the rules, terms, and conditions under which the Website may be used by You and others—altering the permissible use policies and, where necessary or convenient, in Our sole and absolute discretion, We may amend this Agreement as provided by under Section 3.4.2 and by other terms of this Agreement. Any such amended agreement shall immediately succeed this Agreement and shall take force and effect on the “Effective Date” it bears when published, a date at least ten days after first publication on Our Website. You agree that You will review and consult the Terms of Service then published on Our Website and the sign-up page of our Website as often as You visit or view this Website. By continuing to access and/or otherwise view or use this Website after the published Effective Date of any such rule or amendment to this Agreement, You thereby ratify it and manifest Your intention to be bound by it as it has been promulgated, changed or amended. Should You wish to reject it, Your exclusive remedy is to withdraw from the Agreement by cancellation. Notwithstanding the foregoing, changes in the price term shall become effective after their publication, as elsewhere provided for, at the commencement of Your next new Service Period. No such amendment shall have retrospective effect over acts, events and/or transactions that have already taken place or which have already been concluded nor shall they affect rights which have vested, subject, however, to release. Each Subscription Period is considered a separate transaction between You and Us for purposes of this Section and Section 2.1. You hereby agree to waive any claim for a refund or for other damages resulting from any amendment of this Agreement.
2.1.1 Enforcement of Rules
In the course of operating this Website and Providing Our Products and Services We will, in Our sole discretion, formulate and publish policies and make and enforce rules concerning the proper use of this Website and any information or functionality available by or through this Website and concerning transactions involving Our services. We hereby expressly reserve the authority to implement Our policies and enforce Our rules by any means We deem appropriate in the exercise of Our exclusive supervisory and management discretionary authority, including revoking Your limited license, deleting Content that You have uploaded or otherwise published on this Website, terminating this Agreement, and/or prohibiting You from any further use of this Website or the information or functionality available through this Website.
2.1.2 Extent and Limits of User Privacy
Adult Talent List is committed to respecting the privacy of Our members. We strive to provide a safe, secure user experience. This Privacy Statement sets forth the online data collection and usage policies and practices that apply to Our Website. By using Adult Talent List, You consent to the policies and practices described in this Statement.
Children under eighteen years of age are not eligible to use Our services. We ask that children do not submit information to Us.
220.127.116.11 Information We Collect
Your data will be stored and processed in whole or in part in the United States. If You access Adult Talent List outside the United States, Your usage of that site constitutes consent to the transfer of Your data out of Your country and to the United States.
Our sites contain links to other web sites over which We have no control. Adult Talent List is not responsible for the privacy policies or practices of other web sites to which You choose to link from a Adult Talent List Website. We encourage You to review the privacy policies of those other web sites so You can understand how they collect, use and share Your information. This Privacy Statement applies solely to the information We collect on Adult Talent List, and does not apply to information We collect in any other fashion.
18.104.22.168 Collection and Retention of Information
In some areas of Our Website, Adult Talent List requests or may request that You provide personal information, including Your name, address, e-mail address, telephone number, credit card number, social security number, contact information, billing information and any other information from which Your identity is discernible. In other areas, Adult Talent List collects or may collect demographic information that is not unique to You such as Your ZIP code, age, preferences, gender, interests and favorites. Sometimes We collect or may collect a combination of the two types of information. Examples of areas on Adult Talent List where We collect personal or combined personal and demographic data are pages where You can sign up to use a service, post a resume, post a help wanted ad, or purchase a product.
We also gather or may gather certain information about Your use of Our site, such as what areas You visit and what services You access. Moreover, there is information about Your computer hardware and software that is or may be collected by Adult Talent List. This information can include without limitation Your IP address, browser type, domain names, access times and referring web site addresses.
Adult Talent List may sometimes afford You the opportunity to provide descriptive, cultural, behavioral, preferential and/or life style information about Yourself, but it is solely up to You whether You furnish such information. If You do provide such information, You are thereby consenting to the use of that information in accordance with the policies and practices described in this Statement. For example, such information may be used for the purpose of determining Your potential interest in receiving email or other communications about particular products or services.
Please remember that if You post any of Your personal information in public areas of Adult Talent List, such as if You post Your resume to Our talent database, such information may be collected and used by others over whom Adult Talent List has no control. We are not responsible for the use made by third parties of information You post or otherwise make available in public areas of Adult Talent List.
We retain indefinitely all the information We gather about You in an effort to make Your repeat use with Us more efficient, practical, and relevant. Of course, You can correct or update Your Adult Talent List account, resume or help wanted ad at any time. Moreover, You can delete Your resume or help wanted ad from Our online database or close Your account at any time, in which event We will remove all Our copies of Your resume, help wanted ad and Adult Talent List account profile information except for an archival copy which is not accessible on the Internet.
22.214.171.124 Use of Information by Adult Talent List
We use the information We gather on Adult Talent List, whether personal, demographic, collective or technical, for the purpose of operating and improving the Adult Talent List Website, fostering a positive user experience, and delivering the products and services that We offer.
We may also use the information We gather to inform You of other products or services available from Adult Talent List or its affiliated companies or to contact You about Your opinion of current products and services or potential new products and services that may be offered. (The term “affiliated companies” is defined in the section of this Statement entitled “Contact Information.”)
We may use Your contact information in order to send You e-mail or other communications regarding updates at the Adult Talent List site, such as new Adult Talent List opportunities and additional listings which may be of interest to You. The nature and frequency of these messages will vary depending upon the information We have about You. In addition, at the time of registration for Adult Talent List, You have the option to elect to receive additional communications, messages, information and promotions including without limitation free informational newsletters from Adult Talent List relating to topics that may be of special interest to You, such as career management advice.
We have an area where You can submit feedback. Any feedback You submit in this area becomes Our property, and We can use such feedback (such as success stories) for marketing purposes or contact You for further information.
126.96.36.199 Disclosure of Information to Others
We do not disclose to third parties Your personal information, combined personal and demographic information or information about Your use of Adult Talent List (such as the areas You visit or the services You access), except as set forth in the following four subparagraphs.
We may disclose such information to third parties if You consent to such disclosure. For example, if You indicate that You would like to receive information about the products or services of third parties at the time You register for an account, We may supply Your contact information to third parties such as employers, recruiters, data aggregators, marketers or others for the purpose of sending You e-mail or otherwise communicating with You. We may use data We have about You (such as the interests and preferences You have expressed) to determine whether You might be interested in the products or services of a particular third-party.
We may disclose such information to companies and individuals We employ to perform functions on Our behalf. Examples may include hosting Our web servers, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. These companies and individuals will have access to Your personal information as necessary to perform their functions, but they may not share that information with any other third party.
We may disclose such information if legally required to do so, if requested to do so by a governmental entity or if We believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect the rights or property of Adult Talent List or its affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of members or the public.
We may disclose and transfer such information to a third party who acquires all or a substantial portion of Adult Talent List’s business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of Our assets. In addition, in the event Adult Talent List becomes the subject of a bankruptcy proceeding, whether voluntary or involuntary, Adult Talent List or its trustee in bankruptcy may sell, license or otherwise dispose of such information in a transaction approved by the bankruptcy court.
Adult Talent List may also share aggregated anonymous information about visitors to each of its web sites with its clients, partners and other third parties so that they may understand the kinds of visitors to Adult Talent List’s site and how those visitors use the site.
Since Adult Talent List is a career site, We give Job Seeker Members, as that term is defined above, the option of putting a resume in Our searchable database. When this is done, then all members with access to Our resume database (or copies thereof) will have access to the resume. We attempt to limit access to Our searchable database (or copies thereof) only to paying employers, recruiters, hiring managers, headhunters, and human resource professionals, as well as law enforcement and national security agencies, but cannot guarantee that other members will not gain access to this database. We are not responsible for the use made of resumes by third parties who access such resumes while they are in Our searchable database. You may remove Your resume from Our searchable database at any time. However, employers, recruiters and others who have paid for access to that database or to obtain a copy of that database, as well as parties who have otherwise gained access to the database, may have retained a copy of Your resume in their own files or databases. We are not responsible for the retention, use or privacy of resumes in these instances.
188.8.131.52 Help Wanted/Job Listing Ads
Since Adult Talent List is a career site, We give Premium Members, as that term is defined above, the option of putting a help wanted and job or work opportunity want ad in Our searchable database. When this is done, then all members with access to Our help wanted database (or copies thereof) will have access to the ad. We attempt to limit access to Our searchable database (or copies thereof) only to sincere job seekers, as well as law enforcement and national security agencies, but cannot guarantee that other members will not gain access to this database. We are not responsible for the use made of ads by third parties who access such ads while they are in Our searchable database. You may remove Your ad from Our searchable database at any time. However, Job Seeker Members, Basic Members and others who have access to that database or who have obtained a copy of that database, as well as parties who have otherwise gained access to the database, may have retained a copy of Your ad in their own files or databases. We are not responsible for the retention, use or privacy of ads in these instances.
Adult Talent List uses “cookies” to help personalize and maximize Your online experience and time online. A cookie is a text file that is placed on Your hard drive by a web page server. Cookies are not used to run programs or deliver viruses to Your computer. Cookies are uniquely assigned to Your computer, and can only be read by a web server in the domain that issued the cookie to You.
You may have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but You can usually modify Your browser setting to decline all cookies if You prefer. Alternatively, You may be able to modify Your browser setting to notify You each time a cookie is tendered and permit You to accept or decline cookies on an individual basis. If You choose to decline cookies, however, that may hinder performance and negatively impact Your experience on the Adult Talent List Website.
184.108.40.206 Updating Your Information
You may review, correct, update or change Your Adult Talent List resume or help wanted ad at any time.
Adult Talent List has implemented reasonable technical and organizational measures designed to secure Your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, We cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Your personal information for improper purposes.
When You place an order online at Adult Talent List, Your credit card information is protected through the use of encryption, such as the Secure Socket Layer (“SSL”) protocol. SSL makes it difficult for Your credit card information to be intercepted or stolen while being transmitted. Adult Talent List uses Payment Network Systems Europe AB. dba Zombaio to process its credit card transactions.
If We decide to change Our Privacy Statement for Adult Talent List, We will post those changes here so that You will always know what information We gather, how We might use that information, and to whom We will disclose it. If at any time, You have questions or concerns about Adult Talent List’s Privacy Statement, please feel free to email Us.
2.2 Operator Property
We retain all aspects of this Website and all of its content (other than advertisements and comments posted by members) as Our sole intellectual property. The limited, revocable, and non-transferable license granted to You by this Agreement transfers no ownership or other property interest to You or to anyone claiming through You to any portion of this Website or to any of the digital equipment on or through which this Website operates.
Certain risks are allocated between You and Us and important potential liabilities shall be limited by the provisions of this Section 2.3 and by all of the Subsections hereunder, as well as by the other applicable provisions of this Agreement.
2.3.1 Right to Alter/Discontinue Website and Rules
We shall not be liable to You or to anyone claiming through You on account of Our exercise of Our discretion as specified in Section 2.1 or in its Subsections concerning changes in Website operations, nor for changes or amendments made to this Agreement under its terms, nor for alteration or discontinuance of all or any portion of this Website or of any of Our Services with or without prior notice, nor for any other claim arising from the promulgation of new policies or rules.
2.3.2 Assumption of Certain Risks
We do not guarantee or warrant to You the accuracy or completeness of any information or Content contained on or available by or through this Website. In particular, and without limiting the generality of the foregoing, We cannot and do not evaluate the accuracy of the information provided in the advertisements or other postings of registered Premium Members, Basic Members, or of Job Seeker Members. We do not verify the contents of any third-party advertisement or posting nor screen the background of any advertiser or poster. We do not recommend, endorse, or vouch for the bona fides, worth, or integrity of any agency, company, individual, advertiser, or poster, or otherwise. Please refer to the Safety Tips and Scam Alerts before deciding to work with any entities or individuals advertising, posting or mentioned on the Website. If You notice any suspicious activity, please report it to Us immediately. You agree that You rely on any information and functionality available by or through this Website solely at Your own risk, and You understand and agree that errors may remain undetected or uncorrected at any time whatsoever. You should recognize that deception can take place here and that the consequences of deception can be potentially quite serious; You should trust or rely upon no statement made by any user here or through Our services unless or until it You have verified its truth in a protocol commensurate with the risk and consequences that You may face from deception, error, or mistake. We do not guarantee or warrant to You the compatibility of this Website or any of its functionality with Your computer or other digital hardware, with Your software, or with the protocols properly executed by Your hardware or software.
2.3.3 General Disclaimer of Warranties and Assumption of Risk
WE MAKE NO WARRANTIES OR REPRESENTATIONS CONCERNING ANY BENEFITS OR OPPORTUNITIES YOU MAY ENJOY FROM USING THIS WEBSITE. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WE MAKE THIS WEBSITE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER CONCERNING THE NATURE OR ACCURACY OF ANY INFORMATION (FROM WHATEVER SOURCE) ON THIS WEBSITE (EITHER WHEN ORIGINALLY POSTED OR OVER THE PASSAGE OF TIME) AND ALSO WITHOUT ANY OTHER REPRESENTATIONS OR GUARANTEES AT ALL. WE SPECIFICALLY DISCLAIM ANY WARRANTY THAT ANY TRANSACTION OR CONDUCT PROPOSED BY ANY USER IS OR WILL BE LAWFUL, SAFE, AND/OR WITHOUT THE RISK OF LOSS, INJURY, DISEASE, OR HARM AT ANY TIME OR PLACE PROPOSED. FURTHERMORE, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THE WEBSITE WILL BE ACCESSIBLE, SECURE, OR ERROR-FREE CONTINUOUSLY AND WITHOUT INTERRUPTION.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 200.300.300 AND ANY OTHER CLAIMS, REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHICH YOU MAY HAVE HEARD FROM US OR OTHERS CONCERNING THIS WEBSITE AND THE INFORMATION AND FUNCTIONALITY PROVIDED BY OR THROUGH THIS WEBSITE, EXCEPT AS PROVIDED IN SECTION 300.400.100, THE TERMS OF THIS SECTION 200.300.300 SHALL CONTROL.
2.3.4 General Limitations of Liability
IN ORDER TO PROVIDE YOU WITH THE FUNCTIONALITY, PRODUCTS, AND SERVICES OFFERED BY THIS WEBSITE, WE MUST LIMIT OUR LIABILITY FOR ANY CONDUCT, ACTS, OR OMISSIONS OCCURRING ON OR IN CONNECTION WITH THIS WEBSITE AND ANY INFORMATION OR FUNCTIONALITY PROVIDED BY OR THROUGH THIS WEBSITE. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU HAVE NOTIFIED US ABOUT SUCH DAMAGES OR THE POSSIBILITY THEREOF, NOR SHALL WE BE LIABLE FOR ANY CLAIMS BY THIRD PARTIES. WE DISCLAIM ANY LIABILITY FOR CONSEQUENTIAL DAMAGES TO YOU AND TO EVERY OTHER PERSON TO THE MAXIMUM EXTENT PERMITTED UNDER LAW; SOME STATES PROHIBIT OR RENDER INEFFECTIVE A DISCLAIMER OF CONSEQUENTIAL DAMGES; YOU SHOULD CONSULT COMPETENT COUNSEL OF YOUR SELECTION AT YOUR EXCLUSIVE EXPENSE TO ASCERTAIN THE EFFECTIVENESS OF THIS DISCLAIMER.
2.3.5 Force Majeure, Service Interruption, and Equipment Damage
We shall not be responsible to You or anyone claiming through You for the failure, as a result of force majeure or otherwise beyond our reasonable control, of any component of the Internet or of this Website or any of its functionality, for delays or interruptions of Website operations, or for theft or inadvertent loss of computer files, including information about You and other members of this Website. Nor shall We be responsible to You or to anyone else for any damage to any of Your computers, other digital or communications devices, or related equipment, or those of others, resulting from Your use of this Website or any information or functionality available through this Website.
The general operation, application, interpretation, and duration of this Agreement shall be governed by the provisions of this Section 3.0 and by all of the Sections and Subsections hereunder, as well as by the other applicable terms of this Agreement.
As a Basic Member, Your relationship with Us and Your general obligations to Us are specified and shall be governed by the provisions of this Section 3.1 and by all of the Subsections hereunder, as well as by the other applicable terms of this Agreement.
This Agreement does not create any partnership, joint venture, agency, franchise, or employment relationship between You, or anyone claiming under You, and Us or any of Our heirs, assigns, officers, directors, managers, employees, attorneys, agents, representatives, or shareholders. Other than Our heirs, assigns, officers, directors, managers, employees, attorneys, agents, representatives, and shareholders, there are no third-party beneficiaries to this Agreement.
You may not assign Your rights under this Agreement to any other person without Our prior, written consent. Absent extraordinary circumstances, we will refuse such consent in favor of termination of this Agreement between You and Us and commencement of new Agreement between Your proposed assignee and Us. We may assign our rights and obligations under this Agreement as necessary or convenient to accomplish any sale, bulk transfer, merger, or acquisition or any other lawful change in our business structure.
We will serve You with any general information necessary or convenient under this Agreement by information conspicuously posted on this Website. We may serve You with any specific notices necessary or convenient under this Agreement by emailing them to You at any email address or postal address that You have used to communicate with us or have otherwise provided to Us.
You will use the “Contact” link on this Website to serve Us with any notice necessary under this Agreement, except that You will use the “My Account” page to alter Your contact or billing information. Any notice which You send to Us by using the “Contact” link of the Website must contain the term “FORMAL NOTICE” in the first line of the “Comments” field. You and We mutually consent to receive notices from one another under this Agreement by email or other electronic communication, as prescribed in this Section 3.1.3; and You promise Us that You will monitor the email which You receive on a timely basis.
The meaning of this Agreement and the application of its terms shall be governed by the provisions of this Section 3.2 and by all of the Subsections hereunder, as well as by the other applicable terms of this Agreement, including the definitions of terms used in this Agreement.
3.2.1 Applicable Law
The interpretation, construction, and application of this Agreement shall be governed by the law of the State of Illinois excepting only its choice of law provisions.
If any provision of this Agreement is finally held by a tribunal of competent jurisdiction to be invalid or unenforceable for any reason, including but not limited to a change in the applicable law, then the invalid or unenforceable provision shall be applied as reasonably modified, insofar as such application is possible. Whether or not any particular invalid or unenforceable provision may be reasonably modified and applied, the remainder of this Agreement shall remain in full force and effect, and the allocations of risks specified in this Agreement shall be given the fullest possible effect.
3.2.3 No Employment or Talent Agency
No term, provision, statement, word or words contained in this Agreement or otherwise published on Our Website shall be interpreted or construed as Our offer or promise to obtain, procure, secure, or arrange any employment or engagement for or on behalf of any person or information about employment or engagement nor as any offer or promise to attempt to do any of those things for or on behalf of any person; nor shall any of them be interpreted or construed to offer or promise the services of a talent or employment agency or service as defined under the laws of any jurisdiction.
The application of this Agreement between You and Us and the processing and resolution of all disputes involving Your use of this Website or of Our Products and Services shall be governed by the provisions of this Section 3.3 and by all of the Subsections hereunder, as well as by the other applicable terms of this Agreement.
3.3.1 Litigation by or Against Others
Your obligations to Us with respect to disputes, investigations, litigation, and other proceedings involving Us or Our heirs, assigns, officers, directors, managers, employees, attorneys, agents, representatives, or shareholders where You are not Our adversary are specified and shall be governed by this Section 3.3.1 and by all of the Subsections hereunder, as well as the other applicable provisions of this Agreement.
220.127.116.11 Hold Harmless Agreement
You hereby agree that You will hold and save Us, Our heirs, assigns, officers, directors, managers, employees, attorneys, agents, representatives, and shareholders harmless from any claim or liability or from any settlement of any liability claim arising on account of Your use of the Website or of any information or functionality provided by or through the Website and that You will indemnify Us and each of the foregoing against any such judgment or settlement. You further agree that, in connection with Our or the others’ defense against any such claim, You will pay the reasonable attorneys’ fees generated by counsel of Our choosing, but that we will exercise complete control, in our sole discretion, over the course of the litigation and over any decision concerning settlement or continued litigation. The provisions of this paragraph survive the termination of this Agreement for any reason.
Upon Our request—and without any compensation to You, beyond reimbursement for Your reasonable out-of-pocket expenses as previously disclosed to Us and approved by Us, which shall not include attorneys’ fees incurred by You — You shall cooperate with Us by 1) providing a truthful written response to any inquiry We may make to You in connection with the operation of this Website or the provision of any of our services; 2) executing any truthful written documents required by any court or tribunal or reasonably required by Us in order to effect Your cooperation with Us, to investigate into facts and circumstances, to defend Ourselves against allegations of misconduct, to enforce this Agreement, or for any other lawful purpose; 3) producing any documents or other things related to any matter arising under this Agreement as required by a tribunal or as required by Us for investigation; and/or 4) participating in any legal proceeding or portion of a legal proceeding arising under this Agreement, from the operation of the Website, or from the provision of any of Our products and services, giving truthful testimony and providing documents or other tangible things, and/or providing other truthful answers as required or as may be useful or convenient to Our defense in trials, hearings, depositions, or interrogatories. Your obligations under this paragraph survive the termination of this Agreement for any reason.
3.3.2 Arbitration and Litigation
The resolution of any dispute arising between You, or anyone claiming though You, Us, or any of Our heirs, assigns, officers, directors, managers, employees, attorneys, agents, representatives, or shareholders shall be governed by the provision of this Section 3.3.2 and by all of the Subsections hereunder, as well as the other applicable provisions of this Agreement.
18.104.22.168 Mandatory Arbitration
Any dispute between You (or anyone claiming through You) and Us arising out of or relating to this Agreement or the provision of services shall be resolved exclusively through binding arbitration conducted at the place specified in Section 22.214.171.124 under the auspices of the American Arbitration Association applying its rules concerning consumer arbitration. To the extent that the foregoing sentence may not control, the courts specified in Section 126.96.36.199 shall provide the sole forum and the exclusive venue for the resolution of any such dispute. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The provisions of Section 3.300.200.300 shall apply, without prejudice to other applications, in arbitration. In any such proceeding, the arbitrator, arbitration panel, or court shall defer, where appropriate, to Our reasonable business judgment. In any such proceeding, the arbitrator, arbitration panel, or court shall, in addition to any other proper award, decision, and order, award to any and all persons who have substantially prevailed on the merits their reasonable legal expenses, including their arbitration filing fees, the costs associated with presenting witnesses and other evidence, and reasonable attorneys’ fees. Any arbitration award may be reduced to judgment and enforced in any court of competent jurisdiction, anywhere, worldwide. As used in this Agreement, unless the context clearly requires otherwise, terms such as “litigation” and “legal proceeding” include the arbitration provisions specified in this Section 300.300.200.100. This Section waives any right to a jury trial by the parties. The provisions of this Section survive any termination of this Agreement for any reason.
Any and all arbitration proceedings conducted pursuant to Section 300.300.200.100 shall, absent the full and express consent of all of the parties to any particular arbitration, be conducted exclusively within the County of Cook in the U.S. State of Illinois. Any litigation arising under this Agreement shall, to the extent permitted at all under Section 188.8.131.52, be brought in a state and federal court of competent jurisdiction sitting in Chicago, Illinois.
184.108.40.206 Class Action Waiver
You hereby irrevocably waive, to the fullest extent permitted by applicable law, any right You might otherwise have to join any of Your claims with those of others in the form of a class action or any other similar procedure. You, and those claiming though You, agree to assert any claim which You or they may have against Us, or any of Our heirs, assigns, officers, directors, managers, employees, attorneys, agents, representatives, or shareholders individually and not as a member of a class.
220.127.116.11 No Waiver by Inaction
No failure by You or by Us to exercise any right or option under this Agreement or to enforce any provision of this Agreement shall nullify any provision of this Agreement or operate as a waiver of any of the failing Party’s rights to exercise options or to enforce any provision with respect to similar or subsequent situations, disputes, or breaches.
3.4. Integration, Amendment, and Duration
The scope and coverage of this Agreement between You and Us and the circumstances under which it may or shall be amended or terminated altogether are specified and shall be governed by the provisions of this Section 300.400 and by all of the Subsections hereunder, as well as the other applicable provisions of this Agreement
3.4.1 Entire Agreement
This written Agreement constitutes and memorializes the entire understanding and all of the promises, warranties, and agreements between You and Us. Any and all prior or contemporaneous proposals, understandings, expectations, agreements, promises, patterns of dealing, and warranties are hereby merged into this writing, and none survives or is enforceable except as contained in this Agreement. No one except Our officer may waive any obligation that You undertake herein or excuse, ratify, or condone any breach of this Agreement that You may commit, or change any of its terms, nor (without limitation) undertake to affect or modify any warranty or disclaimer of warranty contained herein, nor make any additional binding promise or representation to You, and if by him, he may waive, excuse, ratify, or condone effectively only in a written agreement executed manually by You and him, and with respect to any amendment, he may do so only in a Website post as provided for amendments under the terms of this Agreement at Section 200.100 herein.
3.4.2 Amendment and Relation of Parties
We may, from time to time amend this Agreement as elsewhere described in greater detail in this Agreement at Section 200.100. You may propose amendments to Us in a physical writing (i.e. not by email) directed to Us, but no such proposal shall alter or become a part of this Agreement unless and until it is accepted by Us in a written (not email or electronic) execution under the manual signature of our Officer. Should we publish any amendment to this Agreement under the provisions of this Section and/or Section 200.100, You may request from Us, and We will promptly provide You, a summary of the amendment identifying its variance(s) from this Agreement. Both You and We stipulate that You and We deal here on an even field, that there exist many alternative advertising venues which publish help wanted and job or work opportunity want ads, and that We provide services through the Website for all kinds of commercial operators, some economically larger than Us and others that are smaller. You and We together stipulate that the provisions of this Agreement that provide for its amendment amount to a fair and reasonable procedure that equitably balances the reasonably foreseeable, eventual need to alter the terms governing our mutual relationship as a result of changing legal and business considerations over time and the difficulty of communication individually with large numbers of changing Website members using this or a similar template agreement, many or most of whom are actually anonymous to Us, who access the Website through many IP addresses, computers and devices which also change over time, in light of their use of public computers and other devices which they do not exclusively use or control, and in light of Your ability to do all of these things without notice to Us.
This Agreement between You and Us, as it may be amended from time to time pursuant to Section 3.4.2, shall persist so long as You continue to use this Website or any Content or functionality provided by or through this Website.
You may terminate this Agreement at any time when You decide to discontinue all further use of this Website and of any Content or functionality provided by or through this Website. Certain obligations assumed by You under this Agreement may survive its termination: Without limitation, Your duty of cooperation with Us as set forth at Section 18.104.22.168 of this Agreement, the hold harmless provisions located in Section 22.214.171.124 of this Agreement, and the enforcement of this Agreement shall survive the termination of this Agreement for any reason and remain binding upon You and those claiming through You. We may terminate this Agreement if we decide, in Our sole discretion, to discontinue operating this Website in its present format or offering services to the viewing public or any class of User or member, for cause, with or without notice and with or without an opportunity to rebut or respond, in our sole discretion, on account of 1) for cause, for Your violation of any provision of this Agreement, including without limitation the use restrictions specified in Section 1.2.2 and each Subsection thereunder, 2) for cause, for repeated copyright infringement by You, or by anyone for whom You are responsible, pursuant to Section 126.96.36.199, or 3) not for cause, for any reason or no reason in Our sole and absolute discretion. In case of any such termination, the terms of this Agreement concerning the warranties You have made to Us, the disclaimers of Warranties and the limitation of liability contained in this Agreement, shall survive. You agree that, If We terminate Your subscription for cause, You shall be entitled to no compensation or damages on that account, nor shall be entitled to any refund or return of any subscription fees paid to us; You further agree that if we terminate this Agreement, without just cause, You shall be entitled to no refund or damages greater than the last subscription fee that You paid to us. You stipulate that the damages that You might incur as a consequence of any termination are impossible to quantify, and that the cost of a monthly subscription is an honest estimate reached in good faith to estimate the economic value of such damages. You agree that, in the case that We terminate the operation of this Website, we may wholly and completely compensate You for the value of any service You have thereby lost by providing You with free access to any website featuring adult entertainment video for the balance of the Service Period for which You have paid after Our discontinuation of this Website, to be selected by Us in our reasonable discretion.