Your use of our Services is governed by this EEA + Member Agreement.
This EEA+ Member Agreement is effective September 26th, 2021.
1. OUR SERVICES
Welcome to Talent Is Timeless! Talent Is Timeless is where songwriters connect with each other and educate themselves about songwriting. We believe that by bringing songwriters together, we can empower each other to develop our talents and share them with more people. This EEA+ Member Agreement (the “Terms”) governs your rights and responsibilities related to Talent Is Timeless’s services including all of Talent Is Timeless’s websites, domains, apps, products, services, features, and marketing campaigns (the “Services”) if you have your ordinary place of residence or establishment in the European Economic Area or the United Kingdom (together, “EEA+”). When you register to use our Services, you become a “Member.” If you have chosen not to register for our Services, you may still be able to access certain aspects of or made available by our Services as a “Visitor.” By accessing or using our Services, whether as a Member or Visitor, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms as a legally binding contract with Talent Is Timeless (even if you are using the Services on behalf of a company), so please take a moment to read these legally binding Terms.
Throughout these Terms, we use “Talent Is Timeless”, “we”, “us” and “our” to refer to the companies offering our Services to you as set out in Schedule 1 to these Terms.
2. JOINING THE NEIGHBOURHOOD
a. Eligibility. You may use our Services only if you can legally form a binding contract with Talent Is Timeless, and only in compliance with these Terms and all applicable laws. You can’t use the Services if (1) you are under 13 years old or the consent of a parent or guardian is required under applicable law before your personal information can be collected or processed in connection with the Services (e.g., as is the case in certain EU member states); (2) you are a registered sex offender in any jurisdiction or are otherwise subject to applicable law, order or legal action barring you from using or accessing an online service that permits use by minor children; (3) we previously disabled your Account for violations of these Terms or other of our Supplemental Terms or policies; (4) our Services are not directed to your geographic territory; or (5) you are otherwise prohibited by applicable laws from accessing or receiving our Services. Except as otherwise provided in the Business Services Terms, we reserve the right to refuse registration for, access to, or use of our Services by any person or household at any time and for any reason.
b. Becoming a Member. When you register to become a Member, you must provide us with accurate and complete information. We reserve the right to reject and terminate any registrations submitted with false or inaccurate registration information, or otherwise submitted in violation of these Terms.
c. Account Types and Access. Members may create, operate, maintain, or otherwise use an account on the Services (“Account(s)”) for personal and/or business use. Each individual is limited to one Account per residence and each business is limited to one Account per business location. You are responsible for maintaining the security of your Account login information and you must keep such login information confidential. You are responsible for all activity that takes place under your Account. You should notify us immediately if you suspect or become aware of any unauthorised use of or access to your Account.
d. Permitted Activities. You may use, access, search, interact with, or otherwise make use of our Services only for the purposes for which they are provided and by the means we make available (such as our website, apps, and APIs), and in each case subject to any Supplemental Terms we provide governing their permitted uses.
3. OUR LICENSE GRANT TO YOU. Subject to your complete and ongoing compliance with these Terms and all applicable guidelines and policies, Talent Is Timeless hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, and freely revocable license to access and use the Services as provided herein. The foregoing license grant is not a sale of the Services or any portion thereof, and Talent Is Timeless retains all of our right, title, and interest in the Services and all copies thereof.
4. RIGHTS YOU GRANT
a. Generally. Some areas of the Services allow Members to post, publish, submit, upload, transmit, or otherwise make available on the Services content such as profile pictures or information, photos, images, music, videos, information, comments, likes, recommendations, questions, messages, and other content or information (“Content”) (any such Content that a Member does make available or submit is referred to as “Member Content”). You retain ownership of your Member Content.
c. License Grant to Other Members. You also hereby grant each Member of the Services a non-exclusive license to access your Member Content through the Services and to use, reproduce, distribute, display, and perform such Member Content as permitted through the functionality of the Services and under these Terms.
e. Feedback. We welcome you to share any feedback, suggestions, or ideas you have about Talent Is Timeless and our Services with us (“Feedback”); You agree that in sharing your Feedback, you hereby grant Talent Is Timeless an unrestricted, perpetual, irrevocable, non-exclusive, sublicensable, transferable, fully-paid, royalty-free right to use the Feedback as we see fit and in connection with any of our products and services now known or hereinafter developed.
f. Sharing Content. We invite you to share Content from Talent Is Timeless through our sharing features, including the Share button and the use of our privacy settings to blur Member information when taking a screenshot. Copying, sharing, or redistributing Content by any other means, including through web scraping, is prohibited.
g. Software. Using Talent Is Timeless may include downloading software to your computer, phone, tablet, or other device. We may require you to accept updates to our Services that you have installed on your computer or mobile device. You acknowledge and agree that we may automatically update that software, and the then-current version of these Terms will apply to any updates.
5. BEING A GOOD MEMBER
a. Community Guidelines. At Talent Is Timeless, we believe that friendly behaviour is the foundation of healthy communities. These Terms include by reference our Community Guidelines on appropriate use of Talent Is Timeless. All of our Community Guidelines apply to Content submitted on Talent Is Timeless, including submissions in Groups and Private Messages. We may limit the distribution of or remove Content that we determine violates the Community Guidelines. We reserve the right to proactively moderate Content, although we expressly disclaim any obligation to do so, and we can remove Content, suspend, delete, or deactivate your Account, limit Account privileges, or otherwise refuse service to you, if you violate our Community Guidelines, these Terms, or our other policies, or if you infringe intellectual property, or otherwise engage in behaviour that we think may harm Talent Is Timeless or a Talent Is Timeless member.
b. Prohibited Conduct. Without limiting other restrictions contained in these Terms, you agree that you will not, under any circumstances (i) gain or attempt to gain unauthorised access to any part of the Services, including the Accounts of other Members (such through the use of bots or other automations as well as the unauthorised use of legitimate Member credentials); (ii) interfere with, disrupt, or damage our Services or attempt to do the same (such as by posting viruses, instigating a denial of service attack, or spamming Members); (iii) attempt to gain access to or tamper with non-public areas of the Services, our computer systems, and any technical delivery systems of our providers; (iv) attempt to prove, scan, or test the vulnerability of our systems, networks, or Services, or breach any security or authentication measure; (v) conduct facial recognition or other biometric analysis of the Content (as defined below) posted on Talent Is Timeless; (vi) develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services; or (vii) otherwise access or use the Services in an unlawful or unanticipated manner. For clarity, any attempt to engage in any of the behaviours listed in this section is also prohibited.
c. Disputes Between Members; Waiver of Claims Against Talent Is Timeless. In the real world and online, songwriters sometimes disagree. If you have a dispute with another Member, we hope that you will be able to work it out amicably. However, if you can’t, please understand that Talent Is Timeless is not responsible for the actions of our Members. Each of our Members is solely responsible for their own actions and behaviour, whether they are using Talent Is Timeless or chatting with a member over the back fence. Accordingly, you agree that Talent Is Timeless has no responsibility for the conduct of Members or other third parties.
d. Community Moderation. Some Members are provided with additional account features to use to support the platform, including moderation tools. WE ARE NOT RESPONSIBLE FOR THE ACTIONS TAKEN BY THESE MEMBERS WHILE USING THESE ACCOUNT FEATURES. We reserve the right to overturn any action taken by these Members if we, in our sole discretion, believe that such action is not in the interest of Talent Is Timeless. We reserve the right to revoke or limit a Member’s access to these tools at any time, with or without notice, for any reason or no reason, including for a breach of these Terms or any relevant policies or guidelines. To learn more about moderation, click here. If you are given access to these additional account features, including moderation tools, then:
● You agree that you are taking all actions related to community moderation on a volunteer basis and are not an employee or contractor of Talent Is Timeless;
● You may not represent that you are authorised to act on behalf of Talent Is Timeless;
● You may not enter into any agreement with a third party on behalf of Talent Is Timeless;
● You may not perform moderation actions in return for any form of compensation, consideration, gift, or favor from third parties; and
● If you have access to any non-public information through these account features, then you will use such information only in connection with your role as a volunteer.
6. MEMBER TRANSACTIONS
a. Products and Services Offered by Members. You, and not Talent Is Timeless, are responsible for your own decisions and actions on the Services. Talent Is Timeless does not own or sell any of the products or services listed by Members on the Services, so any actual contract formed is between the Member making an offer and the Member seeking to purchase or otherwise acquire those goods or services. Talent Is Timeless does not process payments related to any transaction between Members contracted on or through the Services.
b. Engaging Other Members. Talent Is Timeless does not interview, run background checks on, monitor, supervise, direct or control Members. In addition, the use of Talent Is Timeless to find a service, via search or any similar feature, does not make us an employer, placement agency, representative, or agent of or for you or any other Member or service provider, and you acknowledge and agree that no such relationship is intended or created by these Terms or your use of the Services. If you and another Member decide to work together, the two of you, and not Talent Is Timeless, are solely responsible for complying with any applicable laws, such as tax and employment laws. Members are not independent contractors, employees, joint venturers, franchisees, or service providers to or for Talent Is Timeless.
c. Prohibited Transactions. You may not use the Services to solicit, advertise for, or contact in any form, Members for any purpose not related to the Services. You may not use the Services to collect the contact information or other personal information of Members, by electronic means or otherwise, without our prior written consent.
d. Talent Is Timeless Only Provides a Venue. Talent Is Timeless is not a party to interactions, transactions or disputes between Members, and while we may, in our discretion, help facilitate the resolution of disputes we have no control over and do not guarantee (i) the existence, quality, safety, or legality of any goods or services listed by Members on the Services; (ii) the truth or accuracy of Member Content or listings; (iii) the ability of Members to sell or pay for goods or services; (iv) that Members who choose to contract with one another will actually complete the transaction, or (v) the integrity, responsibility, or actions of any Members. Talent Is Timeless reserves the right to remove any Member’s listing on the Services for any reason or no reason, at any time, with or without notice. When interacting with other Members you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER Talent Is Timeless NOR OUR AFFILIATES ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. Talent Is Timeless AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
7. NOTIFICATION PREFERENCES.
a. Notifications. By default, you will receive notifications from Talent Is Timeless related to your use of and interactions with the Services within the Services, to the email address to which your Account is linked, and/or on your device or browser. You may also opt in to other kinds of notifications,such as marketing notifications. You can change your preferences about receiving messages from Talent Is Timeless, and customise your default notification settings. You can use these preference settings to unsubscribe to certain notifications by email or text message.
b. Invitations. You can use our Services to send individuals who are not Members invitations, such as by post mail, email, or text message, to register for the Services (“Invitations”). You acknowledge that these Invitations, which we may help to facilitate through our Services, are sent by you and not by Talent Is Timeless. For example, you may invite your songwriters to Talent Is Timeless by requesting to have us send to them an Invitation, which may include your name and the fact that you are a member. You acknowledge that certain third-party fees, such as those from your mobile carrier or Internet service provider, may apply to the use and operation of your device in connection with your sending an Invitation and that you are solely responsible for any such third-party fees.
9. THIRD-PARTY SITES AND SERVICES.
Our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Talent Is Timeless. We don’t endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access any third-party website, advertisement, service, or other Content from Talent Is Timeless, you do so at your own risk. Talent Is Timeless may not warn you that you are leaving the Services and are subject to the terms and conditions of another website or domain, which is not under the control of Talent Is Timeless. You agree that Talent Is Timeless has no liability arising from your use of or access to any third-party website, service, or Content.
10. CHANGES TO OUR SERVICE.
We may offer additional Services and product features, or add, change, or discontinue our existing Services and product features at any time and in any region, with or without notice to you. If you are dissatisfied, your sole remedy is to stop using our Services or the affected feature.
11. RESTRICTIONS FROM OUR LICENSORS.
Some of the information and Services available through Talent Is Timeless are licensed from or supported by third parties. Third-party terms and disclosures apply to your use of the Services.
You agree to defend, indemnify, and hold Talent Is Timeless and our affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (the “Talent Is Timeless Entities”) harmless from any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, made by any third party due to or arising out of any and all of the following (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; (d) your violation of any rights of another party, including any Members; (e) your interactions and transactions with other Members; or (f) your Member Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims and to not settle any claim without our prior written consent. You agree that the provisions of this section will survive any termination of your Account(s), the Terms, and/or your access to the Services.
13. DISCLAIMERS; LIMITATION OF LIABILITY.
a. Disclaimers. Our Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. We try to keep the Services up and running and free of interruptions or errors, but we can’t promise that we will always succeed. We also can’t guarantee that the information available on the Services is accurate or available. As such, to the fullest extent permitted by applicable law, we make no warranty or representation and disclaim all responsibility and liability for (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (ii) any harm to computer systems, loss of data, or other harm that results from access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) viruses or other harmful components distributed by the Services; and (v) whether the Services will meet requirements or be available on an uninterrupted, secure, or error-free basis. Furthermore, to the maximum extent permitted by applicable law, you acknowledge and agree that no advice or information, whether oral or written, obtained from the Talent Is Timeless Entities or through the Services will create any warranty not expressly made in these Terms.
b. Liability Limits. If we fail to comply with these Terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or failing to act with reasonable care and skill; and, to the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, any loss of profits or revenues, any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or Content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any Content obtained from the Services; or (iv) unauthorised access, use or alteration of your Account, transmissions or Content. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort or otherwise, and whether or not the parties have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed its essential purpose. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Talent Is Timeless ENTITIES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO Talent Is Timeless BY YOU FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED POUNDS STERLING (GBP 100) (OR THE EQUIVALENT IN LOCAL CURRENCY).
c. No Liability for Conduct of other Members. You are solely responsible for all of your communications and interactions with other users of the Services. You understand that Talent Is Timeless does not make any attempt to verify the statements of Members or other Content on the Services. Talent Is Timeless makes no warranty that any goods or services provided by third parties will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Talent Is Timeless makes no warranty regarding the quality of such goods or services, nor the accuracy, timeliness, truthfulness, completeness, or reliability of any content made available by third parties on or through the Services.
14. GOVERNING LAW AND DISPUTE RESOLUTION.
a. Governing Law. These Terms are governed by and construed in accordance with English law.
b. Dispute Resolution. If a dispute arises between you and Talent Is Timeless, our goal is to provide you with a neutral and cost‐effective means of resolving the dispute quickly. Accordingly, if you have a dispute with Talent Is Timeless, you agree to contact us and try to resolve the dispute informally before pursuing other avenues.
c. Consumers. If you are accessing the Services as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Talent Is Timeless’s place of business in accordance with Schedule 1. If Talent Is Timeless wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident.
d. Businesses; Arbitration. If you are accessing the Services in a commercial or professional capacity (including as or on behalf of a Business), you and Talent Is Timeless agree that any dispute arising out of or in connection with these Terms or the use of the Services, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Arbitration Rules (the “Rules”) which Rules are deemed to be incorporated by reference into this Section. The number of arbitrators shall be one (to be appointed by the LCIA); the seat, or legal place, of arbitration shall be London; and the language to be used in the arbitral proceedings shall be English. For these purposes, it is expressly acknowledged that the governing law of the Terms shall be the substantive law of England. If you do not agree to this Section, you must not use the Services.
a. Term and Termination. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect for as long as you access or use the Services, unless terminated earlier in accordance with the Terms.
i. Termination by You. You may terminate these Terms with Talent Is Timeless at any time by deactivating your Account(s) and discontinuing your use of the Services.
ii. Termination by Talent Is Timeless. We may suspend, terminate, delete, or deactivate your Account(s) or stop providing you with all or part of the Services at any time for any or no reason, with or without notice, without liability to you.
iii. Survival. In the event of termination, whether by you or by us, Section 4 (Rights You Grant), Section 12 (Indemnification), Section 13 (Disclaimers; Limitation of Liability), Section 14 (Governing Law and Dispute Resolution), and Section 15 (General) of these Terms shall survive.
b. Member Support. We care about your concerns, issues, thoughts, and suggestions. Please email us at firstname.lastname@example.org with any queries.
c. Infringement. If you believe Content on the Services infringes your copyright or trademark, you can reach our notification agent at Talent Is Timeless, Royalty House, 72-74 Dean Street, London, W1D3SG; Email: email@example.com.
d. Integration. These Terms, including our Community Guidelines, and other Supplemental Terms and policies referenced herein, constitute the entire agreement between you and us with respect to our Services, and supersede any other agreements or understandings (oral or written), except that in the event of any conflict between these Terms and Supplemental Terms the Supplemental Terms shall control solely with regard to the Services to which they apply.
e. Updates. We reserve the right to amend these Terms and any Supplemental Terms at any time. We will notify you of any material changes as legally required (for example, by emailing you, or by posting an amendment notice in your member’s newsfeed). Such changes to the Terms and Supplemental Terms shall be effective immediately for new Visitors. Changes to applicable policies and guidelines are effective immediately unless otherwise stated. If you keep using Talent Is Timeless after a change to Terms or any applicable Supplemental Terms is effective, you accept and agree to be bound by the new terms; if you disagree with the new terms, you must stop using the Services and delete your Account(s).
f. Notices. Notice to Talent Is Timeless under these Terms must be in writing and sent to Talent Is Timeless using the relevant contact information set out in Schedule 1 . Notices will be deemed given upon personal delivery, upon delivery if by mail, or upon valid transmission through email.
g. No Agency. These Terms do not create any agency, partnership, joint venture, joint controllership, employment or franchise relationship between you and Talent Is Timeless.
e. Miscellaneous. To the extent allowed by applicable law, the English version of these Terms is binding, and other translations are for convenience only. You may not assign any of your rights or obligations under these Terms without our prior written consent, which consent may be withheld in our sole discretion. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. The Contracts (Rights of Third Parties) Act 1999 shall only apply to these Terms in relation to the Talent Is Timeless Entities, and no persons other than you, us, and the Talent Is Timeless Entities shall have any rights under them and they will not be enforceable by any person other than you, us, and the Talent Is Timeless Entities. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant on an ongoing basis and at all relevant times that you are not, nor is any individual with access to your Account, nor is any entity or person that (directly or indirectly) owns, controls, or is affiliated with you, acts on your behalf or is otherwise associated with you, subject to financial, economic or trade sanctions or embargoes, or otherwise designated on any list of prohibited or restricted parties. or territories, including any such lists maintained from time to time by the United Nations Security Council, the UK Government, US Government, the Australian Government, the Canadian Government, the European Union or its member states or any member states of the European Free Trade Association, or other applicable government authority. In the event that, at any relevant time, the warranty outlined in the preceding sentence ceases to be true, complete, and accurate, you shall notify us immediately.