TALENT BACKER LIMITED

Website Terms of Use

This page (together with the documents referred to on it) tells you the terms upon which you may make use of our website www.talentbacker.com (“our site”), whether as a guest or as a registered user of our site. Please read these Terms of Use carefully before you start to use the site.

1. GENERAL TERMS OF USE

Talent Backer Limited provides a facility that allows talented people in sport, music, entertainment, the arts and other similar endeavours (“Talented Person”) to demonstrate their talent and offer rewards to other users (“Backers”) in return for the Backers contributing an amount of money to the development of the Talented Person’s talent (the “Service”). The Service is operated from our site where Talented Persons can submit their request for a contribution and support their request by uploading material displaying their talent and offering a reward to Backers (“Campaigns”).

These Terms of Use apply to the entire contents of our site. Please read these Terms of Use carefully before using our site. By accessing, using and downloading any part of our site or uploading any material onto our site you are indicating your acceptance and are deemed to be bound by these terms and conditions in full (regardless of whether or not you choose to register as a user, i.e. a Talented Person or a Backer) and that you agree to abide by them and you re-affirm that acceptance every time you access our site. In addition, anyone registering as a Talented Person and/or a Backer will be subject to the additional Terms of Use set out in section 2 and/or 3 of these terms. If you do not accept these terms and conditions in full, please refrain from using our site.

Accessing Our Site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Talent Backer makes no claim or representations that any or all of the contents of our site may be lawfully viewed or downloaded outside England and Wales. The contents and our site are directed solely at consumers who access the site from England and Wales. Access to such materials may not be legal by certain persons or in certain countries. If you choose to access our site from outside England and Wales, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction or the jurisdiction in which you are accessing or downloading our site.

Registration

You may view content on our site without registering as a user, but as a condition of using certain aspects of our site, you are required to register with Talent Backer and select a password. You may also be requested to provide an email address or select a screen name ("Username").

Registration as a Talented Person or a Backer is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are at least 18 years old (and, if accessing our site outside of England and Wales, of the legal age in your jurisdiction to form a binding contract). If a person is under 18 (or over 18 yet under the legal age in their jurisdiction) and wishes to either mount a Campaign or pledge an amount of money to a Campaign, their parent or guardian must be registered as the Talented Person or Backer.

You shall not use in an email address, Username, domain name, or project name, any name or term that

  • - is the name of another person, with the intent to impersonate that person;
  • - is subject to any rights of another person, without appropriate authorisation; or
  • - is offensive, vulgar, or obscene.

Talent Backer reserves the right in our sole discretion to refuse registration of or cancel a Username, domain name, and Campaign name or refuse registration of an email address. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You should never use another user’s account or Username without the other user’s express permission. You will immediately notify Talent Backer in writing of any unauthorised use of your account, or other known account-related security breach.

You represent and warrant that all registration information provided by you is accurate and truthful. Talent Backer reserves the right to ask you for identification in order to prove your age and reserve the right to suspend your account until satisfactory proof of age is provided. Failure to provide accurate, complete, and updated information shall constitute a breach of these Terms of Use.

Talent Backer may, in its sole discretion, refuse to offer the Service to any person or entity and change our eligibility criteria at any time.

Backing talent

Talent Backer and our site acts as an intermediary between Talented Persons and Backers. Talented Persons may set up a Campaign to attract Backers. As a Talented Person, by creating a Campaign you are offering the public to enter into a contract with you. By contributing to a Campaign, you, as a Backer are accepting the offer, and a contract between Talented Person and Backer is formed. Talent Backer is not party to that contract.

Campaigns shall last no longer than 28 days. A Talented Person must offer at least one reward per Campaign. Backers may make a contribution to a Campaign in return for receiving a reward from a Talented Person.

Any user may register as a Talent Person and/or Backer, subject to the eligibility criteria. Talented Persons and Backers may be involved in more than one Campaign.

All postings, messages, text, files, images, photos, video, sounds, or other materials (hereafter called “Content”) posted on, transmitted through, or linked from our site, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for any item of Content that you post, email or otherwise make available via our site. Talent Backer will not be liable for any errors or omissions in any Content.

Talent Backer cannot guarantee the identity of any other Users with whom you may interact while using the Service.
Talent Backer does not control, and is not responsible for, Content made available on our site. Talent Backer cannot guarantee, and makes no representation or warranty as to, the authenticity of any data or information that users provide about themselves or their Campaigns and talents. You release Talent Backer from all liability for your having acquired or not acquired Content through our site. By using our site, you may be exposed to Content that may contain, or direct you to websites containing, information or content that some people may find indecent, inaccurate, misleading, or otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Content or any reliance on said Content, and in no circumstances will Talent Backer be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available by other users on our site.
Talent Backer reserves the right to reject, cancel, interrupt, remove, or suspend a Campaign at any time and for any reason. Talent Backer is not liable for any damages as a result of any of those actions. Talent Backer reserves the right not to comment on the reasons for any of those actions. Talent Backer reserves the right to cancel any contribution made to a Campaign at any time and for any reason.
If a Campaign reaches its contribution target by the predetermined end date, or in the absence of an end date, 28 days, Talent Backer will charge participating Backers’ credit cards or payment accounts for the contribution amount. Talent Backer will then disburse the funds to the Talented Person less Talent Backer’s fee for running the Campaign.

If a Campaign expires or reaches the maximum 28 day period before collecting enough contributions to meet the Campaign target, Talent Backer will neither charge nor accept payments from any Backer.

After Talent Backer charges a Backer’s credit card or other payment account there will be no refunds, unless in its sole discretion Talent Backer determines that a refund is appropriate. A Talented Person is not required to grant a Backer’s request for a refund unless the Talented Person is unable or unwilling to fulfill the reward.
Talent Backer is in no way responsible for the performance or obligations of the Talented Person. Talented Persons are wholly responsible for fulfilling obligations both implied and stated in any Campaign they create. Talent Backer will engage in commercially reasonable efforts to collect monies committed by Backers, however Talent Backer does not guarantee that it will collect and disburse the full amount of money (less fees) committed by Backers. Talent Backer reserves the right to terminate a Campaign and cancel or refund all Backers their contributions (as appropriate) at any time for any reason.

Talented Persons agree to make a good faith attempt to fulfill each reward by any estimated delivery date set out in their successful Campaign or, in the absence of a delivery date, a reasonable time following the end of the successful Campaign. For some rewards, the Talented Person needs further information from Backers, such as a mailing address or clothing size, to enable the Talented Person to deliver the rewards. The Talented Person shall request the information directly from Backers only after the Campaign is successful. To receive the reward, Backers agree to provide the requested information to the Talented Person within a reasonable amount of time.
For all Campaigns, Talent Backer shall give each Backer’s name to the Talented Person unless the Backer declines the offer of a reward. For successful Campaigns, Talent Backer additionally gives to the Talented Person each Backer’s email address and amount contributed to the Campaign.

Fees

Use of our site is free. However, we do charge fees to Talented Persons for successful Campaigns. When you set up a Campaign as a Talented Person you have an opportunity to review and accept the fees that you will be charged. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Service.

If a Campaign is successful in reaching its target, you permit Talent Backer to apply a ten percent (10%) fee to the funds collected. As a Talented Person, you will receive the remainder of the funds once the fee has been removed All amounts committed by Backers are processed securely through a third-party payments processor. The cost of processing fees for payments by Backers are included within the ten percent fee paid by Talented Persons, Talent Backer does not surcharge payments made by Backers.

Any and all fees paid to Talent Backer are non-refundable.

Intellectual Property Rights

Talent Backer is the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and, if relevant, you may draw the attention of others to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Talent Backer’s status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from Talent Backer or our licensors.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Prohibited Uses

You may use our site only for lawful purposes. Our site and the Service are provided only for your own personal and non- commercial use. You may not use our site:

  • - In any way that breaches any applicable local, national or international law or regulation.
  • - In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • - For the purpose of harming or attempting to harm minors in any way.
  • - To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • - To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • - Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these Terms of Use.
  • - Not to use our site to contact anyone who does not want to be contacted, stalk or harass anyone, or collect personal data about other users for commercial or unlawful purposes.
  • - Post or upload Content which is irrelevant or repeatedly post or upload the same or similar Content or similarly abuse the use of our site.
  • - Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

Reliance On Information

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. Talent Backer therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Talent Backer may issue emails with suggestions about getting the best experience from the Service, such as suggestions on how a Campaign may be managed and/or advertised. Such emails are solely intended to provide ideas for a Talented Person on how they may wish to use the Service and are not intended to amount to advice on which reliance should be placed. Talent Backer therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any user of the Service, or by anyone who may be informed of any of the contents the emails.

Changes to the site

Talent Backer aims to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and Talent Backer is under no obligation to update such material.

Suspension And Termination

If you wish to terminate your account, you may do so at any time by following the instructions on our site.

Talent Backer will determine, in our discretion, whether there has been a breach of these Terms of Use. When such breach has occurred, we may take such action as we deem appropriate including, without limitation, taking the following actions:

  • - Immediate, temporary or permanent withdrawal of your right to use our site;
  • - Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
  • - Issue of a warning to you; and
  • - Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Within these Terms of Use, all provisions that, by their nature, should survive termination shall survive termination, including, without limitation, intellectual property rights, warranty and limitations of Talent Backer’s liability.

Our Liability

The material displayed on our site is provided “as is” and “as available”. To the fullest extent permitted by statute, common law or the law of equity, Talent Backer excludes all liability for and make no warranties (express or implied), representations and/or undertakings about our site and its contents (including without limitation the accuracy, reliability, suitability, quality, availability or completeness of the contents).

Talent Backer shall not be liable for any loss or damage (whether directly, indirectly, punitive or consequential) and including without limitation any loss of income, profits, goodwill, data, contracts, use or money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence, breach of contract or otherwise) even if foreseeable, which may arise:

  • - from reliance on or in connection with our site and/or its contents in any way; or
  • - from or in connection with the use, inability to use or the results of use of the site, any websites linked to our site or the material on such websites; or
  • - from errors, viruses, bugs, denial-of-service attack, other malicious code or harmful components, or other technologically harmful material that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our site or your uploading or downloading of any material from the site or any websites linked to our site; or
  • - from any interruptions in the running of our site.

provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Talent Backer is not liable for any damages or loss incurred related to rewards or any other use of the Service. Talent Backer does not manage or oversee the application or performance of contributions paid by Backers to any Talented Person. Talent Backer does not endorse any Campaign registered by a Talented Person.

Talent Backer is under no obligation to become involved in disputes between Talented Persons or Backers, or between a Talented Person/Backer and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with Campaigns on our site. You release Talent Backer, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.

Information About You And Your Visits To Our Site

Talent Backer shall process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Talent Backer makes no guarantee of confidentiality or privacy of any communication or information transmitted on our site or any website linked to our site. Talent Backer will not be held liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Talent Backer’s equipment, transmitted over networks accessed by our site, or connected with use of the Service by you in any other way.

Viruses, Hacking And Other Offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Talent Backer will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Talent Backer will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking To Our Site

You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site. Talent Backer reserves the right to withdraw linking permission without notice for any reason whatsoever.

If you wish to make any use of material on our site other than that set out above, please address your request to [email protected]

Links From Our Site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Talent Backer has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction And Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

This agreement constitutes the entire agreement between you and Talent Backer regarding the use of the Service, superseding any prior agreements relating to the Service. The failure of Talent Backer to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Variations

Talent Backer may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our site. No variation to these Terms of Use will be binding upon Talent Backer unless it is made in writing and signed by a director or officer of Talent Backer.

2. ADDITIONAL TERMS RELATING TO TALENTED PERSONS

As a condition of participation in the Service you will not use our site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Talent Backer. We may remove any Content or account at any time for any reason at our sole discretion.

Talented Persons agree to not abuse other users' personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in your Campaign, or is not related to fulfilling delivery of a reward explicitly specified in your Campaign.
Talented Persons should not take any action in reliance on having your Campaign posted on our site or having any of money contributed to the Campaign by a Backer or Backers until you have the ability to withdraw and spend the money. There may be a delay between the end of a successful Campaign and access to the money contributed by Backers.

Talented Persons are required to fulfil all rewards of their successful fundraising Campaigns or refund any Backer whose reward you do not or cannot fulfil.

Content

Any Content you upload to our site will be considered non-confidential and non-proprietary, and by uploading any such material you confirm that grant to Talent Backer the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to use, copy, incorporate, distribute and disclose to third parties any such material and all data, images, sounds, text and other items embodied therein for any and all commercial or non-commercial purposes and you grant Talent Backer all necessary rights and permissions for such purpose. Talent Backer also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

You acknowledge that Talent Backer does not always pre-screen or approve Content, however Talent Backer shall have the right (but not the obligation) in its sole discretion to refuse, edit, delete or move any Content that is available via the Service for any reason including where such Content does not comply with the standards (the “Content Standards”) set out below. Uploaded material must, and by uploading any such material you warrant that any such contribution does and will comply with those Content Standards, and you indemnify Talent Backer for any breach of that warranty.

Talent Backer shall have the right to delete, edit, modify, reformat, excerpt, or translate any Content and cancel, reject, interrupt, remove, or suspend a Campaign.

You acknowledge that you may be identified publicly by your name, email or Username in association with your Campaign and Content.

You grant to each user a non-exclusive license to access your Content through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Content solely for personal, non-commercial use.

You further agree that your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Talent Backer all of the license rights granted herein. You will pay all royalties and other amounts owed to any person or entity based on your uploading Content to our site or Talent Backer’s publishing or hosting of the Content as contemplated by these Terms of Use.

The use or other exploitation of Content by Talent Backer and Talented Persons as contemplated by these Terms will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

Talent Backer has no special relationship with or fiduciary duty to you and acknowledge that Talent Backer has no duty to take any action regarding any of the following: which users gain access to our site; what Content users access through our site; what effects the Content may have on users; how users may interpret or use the Content; or what actions users may take as a result of having been exposed to the Content.

Content Standards

These Content Standards apply to any and all Content uploaded to our site. The Content Standards apply to each part of any Content as well as to its whole.

Content must:

  • - Be accurate (where it states facts) and genuinely held (where it states opinions)
  • - Have all necessary licences and/or approvals
  • - Comply with applicable law and regulations in the UK and in any country from which they are posted.

Content must not:

  • - Contain any material which is defamatory of any person
  • - Contain any material which is obscene, indecent, seditious, offensive, hateful, pornographic, abusive, liable to incite racial hatred, discriminatory, threatening, menacing, scandalous, blasphemous, or inflammatory
  • - Contain any recipe or instruction which is dangerous, poisonous or otherwise harmful to any person promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • - Abuse or invade another’s privacy, cause annoyance, inconvenience or needless anxiety, or be likely to harass, upset, embarrass, alarm or annoy any other person
  • - Be likely to deceive any person, be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from Talent Backer
  • - Be made in breach of any legal duty owed to a third party, such as a contractual duty, duty of confidence or privacy
  • - Infringe any copyright, database right, trade mark or any other intellectual property rights of any other person
  • - Advocate, encourage, promote or assist any unlawful act, illegal activity or conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world.
  • - Promote any commercial service or include a link to any commercial service or website.

3. TERMS RELATING TO BACKERS

Backers agree to provide their payment information at the time they contribute an amount of money to a Campaign. The payment will be collected at or after the Campaign deadline or the maximum 28 day period permitted. Payment will only be collected if the amount of money contributed in total as at the deadline, (or expiry of the maximum 28 day period) is at least equal to Talented Person’s Campaign target. The amount Backers contribute to the Campaign is the amount they will be charged.

Backers consent to Talent Backer and its payments partners authorising or reserving a charge on their payment card or other payment method for any amount up to the full contribution amount at any time between the contribution and collection of the contribution money.

Backers agree to have sufficient funds or credit available at the Campaign deadline to ensure that their contribution will be collectible.

Backers may increase, decrease, or cancel their contribution at any time during the fundraising campaign, save for the following: Backers agree that they may not cancel or reduce their contribution if the Campaign is in its final 24 hours and the cancellation or reduction would drop the Campaign below the Campaign target.

Where a Talented Person has put an estimated delivery date in their Campaign, such date for each reward is not a promise to fulfil by that date, but merely an estimate of when the Talented Person hopes to fulfil by. Talented Persons may cancel or refund a Backer’s contribution at any time and for any reason, if they do so, are not required to fulfil the reward.

4. Information About TALENT BACKER


Company Details
Address: Works 2, Thornton Park Industrial Estate, North Road, Ellesmere Port, Cheshire, England CH65 1AB
Email: [email protected]
Talent Backer Limited is a company registered in England under company number 07000233.

Your Concerns

If you have any concerns about material which appears on our site, please contact [email protected]

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