Hide Terms
Effective as of August 16,
2019.
Welcome to Rate My Talent Agent (the “Service”, “Company”). The Site is owned, operated and/or provided by Sadiku Enterprises, LLC. Rate My Talent Agent helps tv talent personnel research, hire, rate and review a variety of agents and agencies. The following Terms of Use apply when you view or use the Service located at: http://ratemytalentagent.com. Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service.
PRIVACY POLICY
The company respects the
privacy of its Service users. Please refer to the Company’s Privacy Policy
which explains how we collect, use, and disclose information that pertains to
your privacy. When you access or use the Service, you signify your agreement to
this Privacy Policy.
REGISTRATION; RULES FOR
USER CONDUCT AND USE OF THE SERVICE
You need to be at least 16
years old to register for and use the Service.
If you are a user who signs
up for the Service, the company will create a personalized account, which
includes a unique username and a password to access the Service and allow you
to receive messages from the Company. You agree to notify us immediately of any
unauthorized use of your password and/or account. The Company will not be
responsible for any liabilities, losses, or damages arising out of the
unauthorized use of your member name, password and/or account.
USE RESTRICTIONS.
Your permission to use the
Site is conditioned upon the following Use Restrictions and Conduct
Restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT
RESTRICTIONS.
When you create your own
personalized account, you may be able to provide (“User Content”).
You are solely responsible for the User Content that you post, upload, link to
or otherwise make available via the Service. You agree that we are only acting
as a passive conduit for your online distribution and publication of your User
Content. The Company, however, reserves the right to remove any User Content
from the Service at its discretion.
The following rules pertain
to User Content. By transmitting and submitting any User Content while using
the Service, you agree as follows:
- You grant to Ratemytalentagent.com, a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- Given the site is meant to keep users anonymous, you grant to Ratemytalentagent.com all rights necessary to publish or refrain from publishing your name or other information in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- You are solely responsible for your reviews and ratings
- All of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- Ratemytalentagent.com may, in its sole discretion, choose to delete, remove, re-format, edit, or reject reviews and ratings once published without notice to you for any reason or for no reason at all;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
- The reviews and ratings that you provide do not reflect the views of Ratemytalentagent.com, its officers, managers, owners, or staff.
You understand and agree
that any liability, loss or damage that occurs as a result of the use of any
User Content that you make available or access through your use of the Service
is solely your responsibility. The Company is not responsible for any public
display or misuse of your User Content. The Company does not, and cannot,
pre-screen or monitor all User Content. However, at our discretion, we, or the
technology we employ, may monitor and/or record your interactions with the
Service.
ONLINE CONTENT DISCLAIMER
Opinions, advice,
statements, offers, or other information or content made available through the
Service, but not directly by the Company, are those of their respective
authors, and should not necessarily be relied upon. Such authors are solely
responsible for such content. The Company does not guarantee the accuracy,
completeness, or usefulness of any information on the Service and neither does
the Company adopt nor endorse, nor is the Company responsible for the accuracy
or reliability of any opinion, advice, or statement made by parties other than
the Company. The Company takes no responsibility and assumes no liability for
any User Content that you or any other user or third party posts or sends over
the Service. Under no circumstances will the Company be responsible for any
loss or damage resulting from anyone’s reliance on information or other content
posted on the Service, or transmitted to users.
Though the Company strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to admin@ratemytalentagent.com or contacting us via the Contact page.
LINKS TO OTHER SITES AND/OR
MATERIALS
As part of the Service, the
Company may provide you with convenient links to third party web site(s)
(“Third Party Sites”) as well as content or items belonging to or
originating from third parties (the”Third Party Applications, Software or
Content”). These links are provided as a courtesy to Service subscribers.
The Company has no control over Third Party Sites and Third Party Applications,
Software or Content or the promotions, materials, information, goods or
services available on these Third Party Sites or Third Party Applications,
Software or Content. Such Third Party Sites and Third Party Applications,
Software or Content are not investigated, monitored or checked for accuracy,
appropriateness, or completeness by the Company, and the Company is not
responsible for any Third Party Sites accessed through the Site or any Third
Party Applications, Software or Content posted on, available through or
installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices or other policies of or contained in
the Third Party Sites or the Third Party Applications, Software or Content.
Inclusion of, linking to or permitting the use or installation of any Third
Party Site or any Third Party Applications, Software or Content does not imply
approval or endorsement thereof by the Company. If you decide to leave the Site
and access the Third Party Sites or to use or install any Third Party
Applications, Software or Content, you do so at your own risk and you should be
aware that our terms and policies no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices,
of any site to which you navigate from the Site or relating to any applications
you use or install from the site.
COPYRIGHT COMPLAINTS AND
COPYRIGHT AGENT
(a) Termination of Repeat
Infringe Accounts. The Company respects the intellectual property rights of
others and requests that the users do the same. The Company has adopted and
implemented a policy that provides for the termination in appropriate
circumstances of users of the Service who are repeat infringers The Company may
terminate access for participants or users who are found repeatedly to provide
or post protected third party content without necessary rights and permissions.
(b) Take-Down Notices. If
you are a copyright owner or an agent thereof and believe, in good faith, that
any materials provided on the Service infringe upon your copyrights, you may
submit a notification pursuant by sending the following information in writing
to the Company’s designated copyright agent at RateMyTalentAgent.com:
- The date of your notification;
- A Physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are
recovered by a single notification, a representative list of such works at that
site;
- A description of the material that is claimed to be infringing or
to be the subject of infringing activity and information sufficient to enable
us to locate such work;
- Information reasonably sufficient to permit the service provider
to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
- A statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you
believe that your User Content that has been removed from the Site is not
infringing, or that you have the authorization from the copyright owner, the
copyright owner’s agent, or pursuant to the law, to post and use the content in
your User Content, you may send a counter-notice containing the following
information to our copyright agent using the contact information set forth
above:
- Your physical or electronic signature;
- A description of the content that has been removed and the
location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was
removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a
statement that you consent to the laws of North Carolina and a statement that
you will accept service of process from the person who provided notification of
the alleged infringement.
If a counter-notice is
received by the Company copyright agent, the Company may send a copy of the
counter-notice to the original complaining party informing such person that it
may reinstate the removed content in 10 business days. Unless the copyright
owner files an action seeking a court order against the content provider,
member or user, the removed content may (in the Company’s discretion) be
reinstated on the Site in 10 to 14 business days or more after receipt of the
counter-notice.
LICENSE GRANT
By posting any User Content
via the Service, you expressly grant, and you represent and warrant that you
have a right to grant, to the Company a royalty-free, sub licensable,
transferable, perpetual, irrevocable, non-exclusive, worldwide license to use,
reproduce, modify, publish, list information regarding, edit, translate,
distribute, publicly perform, publicly display, and make derivative works of
all such User Content and your name, voice, and/or likeness as contained in
your User Content, if applicable, in whole or impart, and in any form, media or
technology, whether now known or hereafter developed, for use in connection
with the Service.
INTELLECTUAL PROPERTY
You acknowledge and agree
that we and our licensors retain ownership of all intellectual property rights
of any kind related to the Service, including applicable copyrights, trademarks
and other proprietary rights. Other product and business names that are
mentioned on the Service may be trademarks of their respective owners. We
reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO
PROVIDE NOTICE
Communications made through
the Service’s e-mail and messaging system, will not constitute legal notice to
the Company or any of its officers, employees, agents or representatives in any
situation where notice to the Company is required by contract or any law or
regulation.
USER CONSENT TO RECEIVE
COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes,
you (a) consent to receive communications from the Company in an electronic
form via the email address you have submitted; and (b) agree that all Terms of
Use, agreements, notices, disclosures, and other communications that the
Company provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were in writing. The foregoing does not
affect your non-waivable rights.
We may also use your email
address, to send you other messages, including information about the Company
and special offers. You may opt out of such email by changing your account
settings or sending an email to RateMyTalentAgent.com.
Opting out may prevent you
from receiving messages regarding the Company or Special Offers.
WARRANTY
THE SERVICE, IS PROVIDED
“AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING,
THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR
STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY
AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO
WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS
RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR
OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT
PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES;
RELEASE
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR
EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF
PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE,
DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE
THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE
SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER
USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS
LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT
APPLY TO YOU.
If you have a dispute with
one or more users or a merchant of a product or service that you review using
the Service, you release us (and our officers, directors, agents, subsidiaries,
joint ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or
in any way connected with such disputes.
MODIFICATION OF TERMS OF
USE
We can amend these Terms of
Use at any time and will update these Terms of Use in the event of any such
amendments. It is your sole responsibility to check the Site from time to time
to view any such changes in the Agreement. If you continue to use the Site, you
signify your agreement to our revisions to these Terms of Use. However, we will
notify you of material changes to the terms by posting a notice on our homepage
and/or sending an email to the email address you provided to us upon
registration. For this additional reason, you should keep your contact and
profile information current. Any changes to these Terms or waiver of the
Company’s rights hereunder shall not be valid or effective except in a written
agreement bearing the physical signature of an officer of the Company. No
purported waiver or modification of this Agreement by the Company via
telephonic or email communications shall be valid.
GENERAL TERMS
If any part of this
Agreement is held invalid or unenforceable, that portion of the Agreement will
be construed consistent with applicable law. The remaining portions will remain
in full force and effect. Any failure on the part of the Company to enforce any
provision of this Agreement will not be considered a waiver of our right to
enforce such provision. Our rights under this Agreement will survive any
termination of this Agreement.
You agree that any cause of
action related to or arising out of your relationship with the Company must
commence within ONE year after the cause of action accrues. Otherwise, such
cause of action is permanently barred.
These Terms of Use and your
use of the Site are governed by the laws of North Carolina, without regard to
conflict of law provisions.
The Company may assign or
delegate these Terms of Service and/or the Company’s Privacy Policy, in whole
or in part, to any person or entity at any time with or without your consent.
You may not assign or delegate any rights or obligations under the Terms of
Service or Privacy Policy without the Company’s prior written consent, and any
unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT WWW.RATEMYTALENTAGENT.COM REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.