TERMS AND CONDITIONS OF USE
I. GENERAL PROVISIONS
- Talents Room s.r.o. , Id.No.: 03755355, with its registered seat at Na Perštýně 362/2, 110 00 Prague 1, registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 237384, is the owner and operator of a high-end recording studio and the operator and owner (hereinafter as the “Talents Room” or “Operator”) of an interactive online talents catalogue www.Talentsroom.cz (hereinafter as the „Website“).
II. WEBSITE USERS
- The Website is designated exclusively for artists (talents), i.e. marketing speakers, singers and other musicians, to present their skills and abilities (the “Artist“ or the “Artists”) and for the Website´s visitors searching for suitable Artists for their own projects (the “Applicants”).
- In the case of Artists younger than eighteen years (minor party), any and all acts under these Terms and Conditions of Use must be carried out by their parent or statutory guardian, including consenting to these Terms and Conditions of Use.
- The aim of the Website is to connect the Artists with the Applicants and allow the Artists´ presentation and the possibility to find new commissions, and to help the Applicants in the selection of the Artists and to find suitable Artists for their projects.
- The right to the use of the Website and its materials in compliance with these Terms and Conditions of Use is limited to the creation of a user profile and the communication between the Artists and the Applicants.
- The Artist (in case of a minor, his parent or statutory guardian) acknowledges that the Website, i.e. its graphic image, design and software, is subject to copyright of the Operator or the authors of the individual content parts of the databases and software. The copyright is subject to protection pursuant to the applicable provisions of the Act No. 121/200 Coll., the Copyright Act, as amended (the “Copyright Act”) and public protection pursuant to Criminal Code (Section 270 of the Act No. 40/2009 Coll., the Criminal Code, as amended); any infringement of copyright may result in prosecution for criminal conduct, tort or civil litigation.
- The Artist (in case of a minor his parent or statutory guardian) is not authorised to commercially exploit the Website or any part thereof or distribute, copy or duplicate or sell or use any content of the Website without the exclusive consent of the Operator.
IV. PROFILE USE
- The Artist (in case of a minor his parent or statutory guardian)
may create his Website profile by accessing the registration
section and filing in the required details, i.e. name, surname,
sex, mother language, year of birth, residency address, email and
phone number, and opting for one of the below-specified sections:
- The Artist (in case of a minor his parent or statutory guardian) is not authorised to provide his contact details outside the designated cells within the registration form. In case he will list his contact details outside the requested cells (such as "about me" or "experience"), Talents Room may delete such details or decide to reject the profile.
- Applicants may search the Catalogue of Talents for suitable Artists and view their profiles. Applicants do not create any profile as the Website, including the Catalogue of Talents, is open publicly.
- Applicants may contact an Artist through the Website via the "Book your Artist" button. The Applicant will access the request form with required entry data (company/name and surname, email) and optional data (phone number, short project description). After sending the request form with the profile code of the selected Artist, the Applicant will be contacted by the representative of Talents Room via email or phone. Depending on the Applicant´s project, Talents Room will (i) procure for/realize the project for the Applicant on the basis of a Contract for Work based on the order of the Applicant (in this case Talents Room accepts liability for the realization of the project (work) and the Applicant undertakes to pay to Talents Room an agreed fee (price of work); or (ii) Talents Room solely provides for contact between the Applicant and the Artist. In this case Talents Room bears no responsibility for the realization of the project. In case of realization of the project without the direct participation of the Operator, the Applicant shall pay to Talents Room a booking fee for the Artist, amounting to 10% of the remuneration of the Artist for the relevant project.
V. DATA PRIVACY
- By registration to the Website, the Artist (in case of a minor his parent or statutory guardian) grants his consent to processing of his personal data pursuant to Act No. 101/2000 Coll., Data Protection Act, as amended, i.e. in particular by including provided personal data to the database of registered Artists. The data will be used for the administration of the Website and to broker the contact between the Artist and the Applicant. The data may also be used for marketing purposes, being offers of different products and services, including sending of information about upcoming events, products and other activities, as well as sending marketing information via electronic means pursuant to Act No. 480/2004 Coll., as amended, and emails of partners of Talents Room. The Artist (in case of a minor his parent or statutory guardian) may opt-out from the mailing list by using the provided link in each email received from the Operator.
- The Artist (in case of a minor his parent or statutory guardian) grants his consent to disclosure of all of his data uploaded to the Website worldwide on the Internet. Talents Room reserves its right to further transfer Artists data for example to the Applicants.
- Artists' personal data will be included in the database of registered Artists throughout the term during which the Artist has his profile active. The Artist (in case of a minor his parent or statutory guardian) has a right to cancel his profile anytime and remove his personal data from the database. This shall not affect the provision of data to Applicants and third parties in compliance with the above terms.
- Pursuant to Section 11 and 21 of the Data Protection Act, each Artist (in case of a minor his parent or statutory guardian) has a right to recall his consent to data processing, free of charge, by sending an email to firstname.lastname@example.org; furthermore he has a right to access his data, a right to demand correction of the processed data, blocking of incorrect data, their liquidation, etc. The Artist (in case of a minor his parent or statutory guardian) may address Talents Room in case of any inquiries concerning data processing.
VI. PROFILE SAFETY
- The Artist (in case of a minor his parent or statutory guardian) is not authorised to upload to the Website any information that is not correct or to create profiles of third parties without their expressive consent.
- The Artist (in case of a minor his parent or statutory guardian) is obliged to keep his personal and profile data up-to-date and correct.
- The Artist (in case of a minor his parent or statutory guardian) is not authorised to use any registered trademarks, logos or other designs of Talents Room in any form whatsoever. He may not refer to or use any other references to Talents Room/Website without the prior written consent of the Operator. This restriction also applies to any use of the Website.
- Talents Room reserves its right to cancel an Artist's profile, including the removal of all profile data and information, without any prior notification to the Artist.
VII. USER PROVIDED CONTENT
- By uploading any content (such as photography, samples of work, demo recordings, etc.) to the Website, the Artist (in case of a minor his parent or statutory representative), represents and warrants that he is the sole owner of all copyright and other related rights to the content (such as performing artists rights, audio or audio-visual producers rights or IP rights) or that he acquired all necessary consents and approvals of such third parties to the use of the content (rights of publicity or privacy) required for its legitimate use and uploading of the content to the Website and its publishing or otherwise making available to the users of the Website and other parties (i.e. public).
- By uploading of any information or data to the profile, the Artist consents to such data/information being freely accessible worldwide via Internet and anybody being authorised to refer to such information/data. Website profiles are public, the Website does not provide for any option regarding privacy of the profile so it can be accessible only by authorised users.
- By uploading of any of the above-specified content to the profile, the Artist (in case of a minor his parent or statutory guardian) consents to worldwide access of this content to public in immaterial form via the Website. The Artist is not entitled to any payment or other form of consideration from Talents Room or any other party.
- The Artist (in case of a minor his parent or statutory guardian) represents and warrant that he has a full authority to consent to these Terms and Conditions of Use.
- Talents Room does not accepts any liability towards the Artist (in case of a minor his parent or statutory guardian) to protect any uploaded content nor accepts any liability for infringements of any rights of the Artist (in case of a minor his parent or statutory guardian) to the content uploaded to the Website by its users.
- The Artist (in case of a minor his parent or statutory guardian) is obliged to respect the rights to the content uploaded to the Website by other Artists and use such consent only within the statutory limits, usually within the limits given by personal right of an individual.
- The Artist (in case of a minor his parent or statutory guardian)
is not authorised to:
- upload to the Website/his profile any bad content or to carry out any activity that could lead to any possible infringement or threat to the rights of third parties,
- use the Website/his profile for any illegal or prohibited activities,
- place any content that could be considered as promoting any race, national, religious or other form or discrimination or illegal activity,
- upload any vulgar or hateful content,
- upload any content that is in breach of privacy rights of other parties,
- harass, by written or spoken word or other means, any other users of the Website (including spamming),
- upload to the Website/his profile data of other individuals or copies of any ID documentation, etc.,
- collect any data about the users of the Website, particularly using any form of automatic cookies,
- upload viruses or malware (or any content that cannot be guaranteed as safe), nor to provide links to any websites that may include viruses or malware or any other form of harmful software,
- attack profiles of other users, make unauthorised search for the registration and profile access data nor in any way manipulate the profiles of other users,
- execute anything that could threaten the operation of the Website or its system of functionality. Any modifications to the profile that are not authorised by the administration of the profile are strictly prohibited,
- to use any defects of the system to his advantage. The Artist (in case of a minor his parent or statutory guardian) shall report any discovered system defect to the Operator without any delay.
IX. BREACH OF TERMS AND CONDITIONS OF USE
X. WEBSITE FUNCTIONALITY AND LIABILITY OF OPERATOR FOR CONTENT
- Talents Room's priority interest is to maintain full functionality of the Website, check and develop its functions and create a user-friendly environment. Talents Room does not assume any liability towards the users as to the functionality of the Website. Talents Room does not assume any liability for maintaining the Website content and the Artist (in case of a minor his parent or statutory guardian) cannot make any claims as a result of non-functionality or limitation of functionality of the Website, loss of data, ceasing of operations and other similar circumstances concerning the Website and/or Talents Room. The Operator is authorised to terminate the operation of the Website at any time.
- Visualisation and presentation of the Artists' profiles and the Website may be changed anytime as a whole or partially, such as by redesign or by adding additional functionality tools or depending on the device by which users access the Website.
- Talents Room does not assume any liability for:
- user content uploaded by the Artist (in case of a minor his parent or statutory guardian) to the Website/profile and any use of the content,
- breach of any rights of the Artist by opinions, commentaries and other statements published on the Website, or for any losses or damages arising out of the use of the Website/profile by the Artist (in case of a minor his parent or statutory guardian); the Artist (in case of a minor his parent or statutory guardian) bears full responsibility.
- The functionality of the Website depends on the technical equipment of the Artist and the functionality and Website connectivity of such equipment. The Operator does not bear any responsibility for Website connectivity and Website functionality.
- In case any party initiates any court or other form of dispute against an Artist's activities or against his content uploaded onto his Website/profile and will raise any claims towards the Operator, the Artist (in case of a minor his parent or statutory guardian) shall reimburse the Operator for any and all related costs (including attorney's fee) incurred. The same rule shall also apply for any out-of-court settlements of such claims.
- The Artist (in case of a minor his parent or statutory guardian) shall reimburse to the Talents Room any and all costs incurred by Talents Room due to the user's breach of these Terms and Conditions of Use (including any attorney's fee).
XI. CLOSING PROVISIONS
- The Operator does not accept any liability towards the protection of Website content provided by the Artist (in case of a minor his parent or statutory guardian). The Operator furthermore does not accept any liability as to the action, content, information or data provided by third parties. By consenting to these Terms and Conditions of Use the Artist (in case of a minor his parent or statutory guardian) waives his right to enforce such liability from Talents Room by way of litigation or other possible conduct.
- These Terms and Conditions of Use may be amended at any time. The Operator will notify the upcoming amendments by publication on the Website two months prior to the effective date. In case the Artist (in case of a minor his parent or statutory guardian) does not agree with the proposed amendments, he has the right to cancel his profile prior to the effective date of the amendment.
- The applicable version of the Terms and Conditions of Use is published at the Website. Each Artist (in case of a minor his parent or statutory guardian) is solely responsible for following any amendments to the Terms and Conditions of Use and the Operator bears no responsibility for notification.
- By his registration and the creation of his profile on the Website, each Artist (in case of a minor his parent or statutory guardian) grants his consent with these Terms and Conditions of Use and undertakes to be bound by them.
- These Terms and Conditions of Use become valid and effective as of the day of publication on the Website and shall be bounding to the Artists as of the date of publication.
- These Terms and Conditions of Use are governed by the laws of the Czech Republic, in particular by the Copyright Act, as amended, the Act No. 89/2012. Col, the Civil Code, as amended.