TALENT SEEKERS

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		TOP 2009 - 2010
Once registered, you will be able to receive news relating to the subjects you are interested in (painting, photography, music, literature, etc). You can also visit the works of all Talent Seekers authors and save in 'my favourites' those you like best, so that when voting starts, you will be able to contribute with your vote to the election of the most outstanding authors.
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Please find below the rules of Talent Seekers.
1. DEFINITIONS:

A. The Member: Person (physical or legal) registered in “The Portal” of “Talent Seekers” as a user. 

B. Talent Seekers: The company responsible for “The Portal” that provides the service to “The Member”.

C. The Portal: Platform where the web pages that contain “The Work” contributed by “The Member” are hosted.

D. The Work: Written, graphic, video or audio contributions as well as links to web pages published by “The Member” on “The Portal” of “Talent Seekers”, including personal details.  

2. THE AIM OF THIS CONTRACT is to regulate the relationship between the two interested parties: “The Member” and “Talent Seekers”. The contract will be considered effective for both parties from the moment that “The Member” completes the corresponding registration form and accepts these rules. The basic requirements for both parties are as follows: 

A. “The Member” (public, author, jury or sponsor) contributes information and adopts the commitment set out in each case on the registration form.  In the case of a member of the public, the said commitment will be basically to give information that will allow him/her access to “The Portal”.  In the case of an author, the commitment will be to contribute with information that will be published on “The Portal” and subjected to voting by the users.  In the case of the jury, the commitment will be participation in the final votes of each contest organized by “Talent Seekers” in the category or categories of their speciality in order to choose the most outstanding authors.  In the case of the sponsor, the fulfilment of the sponsorship commitments agreed.

B. “Talent Seekers” makes “The Portal” available to “The Member” for the undertaking of the activities announced on the same, such as publication of promotional information (activities accessible for authors, jury and sponsors), the diffusion of news (activities accessible for the jury), the use of publishing spaces (activities accessible for sponsors) or the exercise of the right to vote for the most outstanding authors in each of the represented categories (activity accessible to authors, jury, sponsors and the general public). 

3. The “INTERNATIONAL TALENT SEEKERS CONTEST” will be subject to the following specific rules:

A. “The Member” will participate in “The Portal” as a sole user in just one of the four member modalities available (author, public, jury or sponsor), except in the event that “Talent Seekers” has given permission to participate in several modalities. 

B. “The Member”, whilst being a member of “The Portal”, will participate in each edition of the contest without the necessity of having to make a new registration.   A member can cease membership at will.

C. “The Member” who has registered in the modality “Author” will present to the contest a web page where at least one example of his/her work is exhibited, in accordance with the category of participation. The said work will be of his/her own authorship or of an authorship shared with others (with the permission of the other authors) and in no case the work of third parties. “The Member” will also commit him/herself to permanently transfer to “Talent Seekers” the right to exhibit “The Work” on the web page reflecting the history of the contest of “The Portal” (Top 1000) and to diffuse such information in order to promote “The Portal” using any channel “Talent Seekers” deems fit, should he/she be chosen as one of the 100 most popular authors in his/her participating category of the contest.  Meaning that, in this event, “The Portal” will retain, for informative purposes, the information published by “The Member”, even in the event that “The Member” should cease as a member of “The Portal”.

D. “The Member” who has registered in the modality “Jury” and whilst registered at “The Portal” as a member of the same, will commit him/herself to cast a minimum of ten valuations during the final phase - deliberation of the jury - in each edition of the contest and in each category in which he/she is registered.

E. “The Member” who has registered in the modality “Sponsor” and whilst registered at “The Portal” as such, will commit him/herself to comply with the commitments acquired with “Talent Seekers” on his/her registration form.  The said commitments can be modified prior approval of both parties, “Talent Seekers” and “The Member”.

F. “Talent Seekers” reserves the right to modify or cancel prizes previously announced when the same depend directly on third parties or companies outside the control of the organization, as well as the right to modify the dates indicated for each phase of the contest or to cancel the contest in one or all of the categories for causes of force majeure. 

4. THE SUBSCRIPTION PERIOD covered by this contract will commence when “The Member” completes the corresponding registration form and accepts the conditions stated therein and will end on the final date established on the registration form. In the event that a time limit has not been established, it will be unilaterally determined by “Talent Seekers”.   

5. “The Member” grants “Talent Seekers” the authorization to host, exhibit and handle his/her “Work” as well as the information concerning such “Work” or concerning his/her own persona in “The Portal”.  “The Member”CAN REVOKE such AUTHORIZATION at his/her discretion.  “The Member” is responsible for the authorship and veracity of the information that he or she has provided.

6. “Talent Seekers” will not be allowed to publish “The Work” of “The Member” through OTHER CHANNELS THAN THOSE OF “THE PORTAL”, nor will “The Work” be licensed to third parties or used for commercial purposes, without prior and express authorization by “The Member”.

7. “Talent Seekers” WILL RECEIVE NO COMMISSION from any income obtained by “The Member” as a direct or indirect result of the exhibition of his or her “Work” on “The Portal”, unless both parties have agreed otherwise.

8. “Talent Seekers” adheres to the standards outlined in the Spanish Organic Law 15/1999, December 13, PROTECTION OF PERSONAL DATA (LOPD) and has implemented all security measures required by this law in order to protect any personal information entrusted to “Talent Seekers” by its members. The following clauses are applicable:

A. The person responsible for the database or data processing is the registered company owner mentioned in section 30 of the present contract.

B. The server hosting the databases containing data on “The Member” is located in Spain at www.arsys.es  
 
C. The personal data required and managed by “Talent Seekers” is considered to be of a basic level (name, mailing address, physical address, etc.). The rest of the information contributed by “The Member” is directly, publicly and voluntarily exhibited by the latter on the pages of “The Portal” without “Talent Seekers” having control over the content of the information published. With respect to this information “Talent Seekers” is only responsible for offering the platform to “The Member” in order to facilitate its publication. The level of protection used by “Talent Seekers” is the “basic level” required by law.

D. “Talent Seekers” will not share with third parties, without the previous express authorization of “The Member”, the confidential details entrusted by the same.

E. “Talent Seekers” will delete all personal data about “The Member” when he/she ceases to be a member of “The Portal”, except in any cases where the law establishes otherwise.

F. “Talent Seekers” reserves the right to retain the name, mail address and ip address of “The Member” when the said member has been expelled for infringing the rules of “The Portal” and prejudicing the interests of other users.  The retention of such details will be used exclusively to avoid that “The Member” attempts to rejoin “The Portal”.

G. In order to facilitate navigation, “Talent Seekers” will install a “session cookie” in the computer of “The Member” when his/her name and password are introduced. The single function of this “cookie” is to identify “The Member” to save him/her the inconvenience of having to type in this information each time he/she wishes to perform a function requiring this data. “The Portal” will put at the disposition of “The Member” a tool to eliminate the said cookie (“Log off” button).  We would suggest the use of this tool when finishing a session, particularly to those members using public access or shared computers.
 
H. “Talent Seekers” will identify the ip address from which “The Member” registers and votes with the sole aim of impeding one same person using several user names with the intention of manipulating, through voting, the position authors occupy in the popularity rankings.
 
I. “The Member” has the right to obtain information regarding his/her data and to request its rectification or cancellation at any time by means of any type of written communication directed to Talent Seekers using any method which confirms the request having been sent and received.

J. “The Member” will have direct access, by his/her user intranet giving access to his/her registration form, to all his/her personal information, and will therefore be able to modify or delete it at will, without any intervention by “Talent Seekers” personnel, except where stipulated to the contrary.  In this event, a request will be made to “Talent Seekers” by means of the channels established for it at “The Portal”.

9. “The Member” gives his/her consent to and accepts the fact that all the information that he/she sends to “Talent Seekers” through the various publication forms, including the information contributed on the registration form, WILL BE MADE PUBLIC automatically on the pages of “The Portal”, with the exception of those cases in which Talent Seekers has clearly stated otherwise.

10. “The Member” is able TO PUBLISH, MODIFY OR DELETE his/her “Work” on “Talent Seekers” at his/her own will in any of the sections of “The Portal”, either directly or by requesting “Talent Seekers” the said modification, except information regarding the opinion of third parties, such as votes, where the rules will be clearly stipulated in each case.  It is particularly important to underline that should “The Work” of the user reach the “100 most popular authors” list in a certain category, such information will become permanently reflected in a history of “The Portal” (Top 1000), an information regarding “The Member” that he/she will not be entitled to eliminate. 

11. “The Member” will have  TOTAL LIBERTY RESPECTING THE CONTENT  of “The Work” as long as this does not contradict the contents of article 17 of the present contract, nor exceed the limit of memory space that has been assigned.

12. “The Member” is fully aware and accepts that there will be no ECONOMIC REINBURSEMENT by “Talent Seekers” for the publication of his/her “Work” to “The Member”, author, artist, agent, record company, publisher, society of authors or any other person, physical or legal, involved or in charged of the copyright, intellectual property or the control or exploitation of “The Work” published in “Talent Seekers”.

13. “The Member” is not authorized to publish content in “Talent Seekers” whose COPYRIGHT, intellectual property, rights of publication / broadcast / exhibition / reproduction / editing / sales / or administration do not entirely correspond to “The Member”, except in the assumption that prior and express authorization has been obtained from all parties involved and that the latter has been informed by “The Member” that there will not be any type of economic reimbursement on behalf of “Talent Seekers” for the said publication. In the case that “The Member” has infringed this rule, he/she will assume full legal responsibility for the infraction. “Talent Seekers” will not assume any responsibility for the infringement of the rights of any content published on its pages by the members who publish it or the users who visit it, and is committed to taking the pertinent measures and collaborate with the appropriate authorities in the case that such an infraction has taken place.

14. “The Member” authorizes that “The Work” published in “Talent Seekers” may be VISITED, USED, DOWNLOADED AND PLAYED by the users of “The Portal” provided that the use that is made of it be exclusively private and personal or for professional interests (potential hiring of an author) and under no circumstances may this use be for public, commercial or economic purposes. “Talent Seekers”, however, cannot assume the responsibility in the case of a third party commercially using or exploiting “The Work” or making improper or illegal use of it, which would be completely out of its control. “Talent Seekers” will do its utmost to impede or to pursue such infractions and, given the case, will issue a certificate establishing the date of publication of “The Work” by “The Member” at “Talent Seekers”. Nevertheless, Under no circumstance will this certificate in itself be considered an infallible or definitive proof of authorship of “The Work”. The certificate will only indicate that “The Member” - or a third party using the name and password of “The Member” - published “The Work” in question at “The Portal”, on the date stated in the document.

15. Out of respect for the rest of the members and users visiting “The Portal”, it is  PROHIBITED TO PUBLISH ”THE WORK” MORE THAN ONCE. The only exception to this rule would be when several members of “Talent Seekers” share authorship of the same “Work”. In this case, each one of those members will be authorized to publish the “Work” separately (once per member), although “Talent Seekers” reserves the right to reject this authorization if it is concluded that it is harmful to the interests of the other members.

16. All notification between the parties will be considered carried out and fully effective when it is made by ELECTRONIC MAIL or by means of the communication tool between “Talent Seekers” and “The Member” available at “The Portal” (“Inquiries”). The following clauses are applicable in this respect:

A. The electronic mail address of “The Member” will not be made public nor will it be shared with other companies for business or advertising purposes without prior and express authorization from “The Member”. “The Member” authorizes “Talent Seekers” to contact him/her via electronic mail in order to request this authorization if the case should present itself.

B. “The Member” will be responsible for the electronic mail address provided on the registration form being both valid and operative and for the contribution of a new one, on that same form, should the previous address no longer meet this requirement.

C. “The Member” authorizes “Talent Seekers” to contact him/her via electronic mail with the purpose of contributing information regarding services, changes or news related to “Talent Seekers”, “The Portal” or its members with a frequency of no more than one mail per week, with the exception that any particular information is considered of extraordinary importance and urgency for “The Member”.

D. “The Member” authorizes “Talent Seekers” to send via electronic mail news regarding certain subjects previously agreed on the registration form as “Talent Seekers” sees fit.  This authorization can be revoked by “The Member” from his/her own user intranet. 

E. “Talent Seekers” will provide “The Member” with a link to a web page containing the rules described in this document in order to facilitate “The Member” a print out of the same.

F. The electronic mails from “Talent Seekers” may include advertising by “Talent Seekers” or by third parties without this communication being headed by the word “advertising” or containing any reference to the same.

G. “The Member” authorizes contact at his/her electronic mail by other users of “The Portal” by means of electronic mails sent by “Talent Seekers” in the event of him/her having stipulated the same on his/her registration form. This authorization can be revoked by “The Member” from his/her own user intranet.  The content of the mentioned mails will in no case be responsibility of Talent Seekers.

17. It is not authorized on “The Portal” to publish FALSE, OFFENSIVE OR ILLEGAL CONTENTS, and under no circumstance will “Talent Seekers” be responsible for the same. I.e., insults, libel, intentional misinformation, intimidation, justification of violence, infringement of copyright, sending advertising mails to members without their prior and express authorization, carrying out or provoking illegal or criminal activities, publishing degrading content, etc. are all forbidden. “Talent Seekers” reserves the right to eliminate contents that, for the reasons previously stated, are considered inappropriate for its own interests or the interests of its members. “Talent Seekers” also reserves the right to expel “The Member” responsible for the infractions mentioned and to take appropriate legal actions deemed necessary in the event that the law has been infringed. “The Member” will have to compensate “Talent Seekers” for any economic loss or sanction paid, including legal expenses, as a result of his/her breach of the law. In the case of expulsion, his/her “Work” would be eliminated from “The Portal” and “The Member” would not receive any type of refund, should any amount have been paid.

18. “Talent Seekers” commits to maintaining in perfect condition the installations and equipment necessary for the provision of the service subscribed. However, as the necessary infrastructure for their proper functioning is not entirely under “Talent Seekers” control, the latter will not hold responsibility for server damages or malfunction due to causes beyond its control. “Talent Seekers” will communicate to “The Member”, whenever foreseeable and with reasonable notice, by means of electronic mail, any SERVICE INTERRUPTION that may occur due to updates and / or maintenance. In the case where “Talent Seekers” has been temporarily out of service for maintenance reasons or for reasons of another nature, “The Member” will have the right to request an extension of his/her subscription period corresponding to the time of service interruption. 

19. “Talent Seekers” reserves the right to publically close “The Portal”. Should “Talent Seekers” DISCONTINUE ITS SERVICES, the maximum compensation “The Member” would have a right to, would be the refund of the proportional part of the amount paid for the remaining period of the contract, should any amount have been paid.

20. The rules outlined in this document are the only ones that define the contract between “The Member” and “Talent Seekers” and, in addition, the applicable legislation. Further information published by “Talent Seekers” on other pages of “The Portal” will not be considered as LEGAL COMMITMENT of “Talent Seekers” to “The Member”, but as a declaration of intentions without legal consequence in case of non-compliance.

21. “Talent Seekers” reserves the right to MODIFY THE RULES, provided that changes are published in full on the forms used by “The Member” in his/her user intranet.  When new rules constitute a substancial change with respect to the original rules approved by “The Member”, he/she will be duly informed by electronic mail.  In the event that “The Member” disagrees with the same and decides to cease as a member of “The Portal”, “Talent Seekers” would refund the proportional amount paid in accordance with the remainder of the contract.  Alternatively, “Talent Seekers” could rectify and decide to apply the original rules approved by “The Member”. 

22. “Talent Seekers” reserves the right to MAKE TECHNICAL OR FUNCTIONAL MODIFICATIONS to “The Portal” and to the criteria of the organization or the presentation of its contents provided that the changes are justified by reasons or motives that do not contradict the essence or the “raison d’etre” of “The Portal”.  In the event of any other modifications, “The Member” will hold the right to cease as a member and claim the refund of the proportional part of the remainder of the contract, should any amount have been paid.

23. If for any reason “Talent Seekers” were to fail to comply with, at least from the viewpoint of “The Member”, any of the rules described in this document, “Talent Seekers” will have a maximum of 10 DAYS IN ORDER TO CORRECT ITS ERROR from the date of communication of the infraction by “The Member”.

24. The service subscribed to by “The Member” through this contract is PERSONAL AND NON-TRANSFERABLE. Its use may not be transferred to third parties without prior consent from “Talent Seekers”.

25. “Talent Seekers” reserves the right to ALLOCATE, SUBCONTRACT OR SELL “The Portal” to third parties provided that they respect the rights and obligations expressed in this document.

26. “Talent Seekers” will NOT BE RESPONSIBLE FOR:

A. The adaptation of the service to the expectations of “The Member”.

B. The misuse of the service by “The Member” or third parties with or without authorization.

C. The lack of service performance owing to causes caused by the installations, hardware or software used by “The Member”.

D. The veracity, correctness, exactitude or legality of the information published in “The Portal” by the members or “The Member”.

E. The possible loss of profits or damage to the reputation of “The Member”.

F. The suspension of services owing to acts of God, amongst which the following are given as examples: accidents, natural disasters, electrical failure, fire, terrorist attacks, legal orders, server failures, telecommunications failures, etc.

G. The illegal and unauthorized appropriation of personal information by third parties, except in case of negligence or failure to comply with the corresponding normative by “Talent Seekers”.

H. The involuntary loss or deletion of “The Work” of “The Member” by causes such as computer or server errors, willful destructive attacks by third parties, etc. (“The Member” is responsible for the making secure copies of “The Work” published at “Talent Seekers”). 

I. The voluntary loss or deletion of “The Work” of “The Member” by “Talent Seekers” in the case that the subscription period taken out by “The Member” had expired.

J. The non-compliance of any declaration of intentions proposed by “Talent Seekers” on another page of “The Portal” that was not contained in the rules set out in this document.

27. “The Member” will have the right to revoke his/her contract and CEASE TO BE A MEMBER of “Talent Seekers” when he/she wishes, provided that he/she is fully aware that he/she will have no right to a refund of any amount paid. Should any amount have been paid, he/she would only have the right to a refund of a proportional part of the amount paid, for the remainder of the contract in the following cases:

A. In the case that “The Work” published by “The Member” was unrightfully eliminated by “Talent Seekers” and was not replaced within a maximum period of 10 days after “The Member” had reported the incident.

B. In the case that “The Portal” was to experience severe technical malfunctioning which prevented “The Member” from performing the normal functions for which “The Member” had contracted the services of “Talent Seekers” and these malfunctions were not corrected within a maximum period of 10 days after “The Member” had reported the incident.

C. In the case that “Talent Seekers” was to fail to fulfil any of the commitments established in this document and, after being notified of this breach by “The Member”, did not carry out the corresponding corrective measures within a maximum period of 10 days.

D. In the case that “Talent Seekers” had changed the rules stated in this document and “The member”, considering him/herself directly prejudiced by the said change and having expressed in writing his/her disagreement with the same, had not received the corresponding correction by “Talent Seekers” within a maximum period of 10 days.  

28. “Talent Seekers” reserves all rights of admission to “The Portal” and will expel “The Member” or REVOKE HIS/HER CONTRACT for any cause considered appropriate, including causes of an administrative, technical, economic or legal nature. In the case that “The Member” had paid a sum of money, he/she would have the right to receive a refund of a proportional part to the amount paid for the remainder of the contract. In the case that “The Member” had a free subscription period, “Talent Seekers” may revoke the contract without having to pay “The Member” any compensation.

29. Both parties submit themselves, expressly renouncing any other code of law that might be applied, to the jurisdiction of the COURTS AND TRIBUNALS OF VITORIA-GASTEIZ, in order to exercise any action derived from the interpretation, execution or observance of the present rules or general conditions. If, for any reason, an authorized court of law was to find that a part of this contract should not be applicable, the remainder of the contract would continue to be valid and applicable in its entirety.

30. INFORMATION ABOUT TALENT SEEKERS AND THE PERSON IN CHARGE OF MANAGING “THE MEMBER'S” PERSONAL INFORMATION:

A. Email address: central(at)talentseekers.net
B. N.I.F.: 15374213-R
C. Registered Company Owner: Arturo Tirador Macho
D. Address: 
Plaza Lovaina Nº1 4ºD
Vitoria-Gasteiz 01008
Álava
España
I accept the above-mentioned rules, including my consent to receive information by email regarding Talent Seekers (*)
(*) Obligatory fields.

(**) Free category: architecture, design, fashion, ceramics, craft work, etc.
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