Terms and Conditions
Talentina helps you to get in contact with people to exchange insights.
This document has been revised for the last time on the following date: August 09, 2011.
This agreement with Talentina is written in English and then translated to other languages. When a translated version of an agreement conflicts with the English version, it is the English version that rules. Please note that Section 20 contains certain changes to the general terms for users outside the European Union.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (Statement) have their foundation in the Talentina Principles, which consist of the Talentina Values, Behaviors and Key Beliefs. The Statement defines our relationship with anyone who interacts with Talentina or accesses our services: visitors, users and others.
By using or accessing Talentina, you agree to this Statement.
2. Sharing Your Content and Information
You own all of the content and information you post on Talentina, and you can control how it is shared through your privacy settings.
2.1. For content that is covered by intellectual property rights, like course material, photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license to use any IP content that you post on or in connection with Talentina (IP License). This IP License does not end when you un-publish or delete your IP content or delete your account.
2.2. Once a file is published on Talentina, it can be unpublished but not be deleted.
2.2.1. An unpublished File is not shown any more in the public search results. This is similar to a book that has been printed and sold to a library, then being taken out of rotation from the stores: people who bought the book or who have access to the library can still access the book, but they cannot buy it anymore from the store. In the same way, the published File can always remain accessible via the URL on which it has been published originally (the Publication URL), by people who bought the course File or who were granted access to it otherwise.
2.2.2. It is important that this access to the File through the Publication URL will in most cases remain even if the File has been un-published by its Creator, unless Talentina removes the file on its own initiative. Talentina reserves the right to un-publish a file at any time and even delete it from its servers and service without notification and at its sole discretion. We recommend that you always keep a copy of your original material on your own storage media, as no user can claim guaranteed access at any time to the material that is posted or shared on Talentina. By agreeing to the Statement, you agree to forego the right to claim any indemnification in relation to the data you posted or shared on Talentina, or any other interaction or user experience you had on the site, unless this would violate the rights granted to you by law.
2.2.3. When you delete unpublished IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time
2.2.4. For certain functionalities, like share buttons with social media networks or discussion platforms, Talentina uses 3rd party applications. When you use a 3rd party application on Talentina, your content and information is shared with the application. Your agreement with that application will control how the application can use, store, and transfer that content and information. Please take care to read your agreements with those applications.
2.2.5. On Talentina, you can assign Content to User Levels.
18.104.22.168. A Talentina Member will only have access to this content once you have accepted the Member as your Student and you have set its User Level for that Course to the corresponding User Level.
22.214.171.124. When you publish content or information that is not assigned to a User Level, it means that you are allowing everyone, including people who are not a member of Talentina, to access and use that information, and to associate it with you (i.e., your name and profile picture).
126.96.36.199. Please note that you agree that part or all of your published content that is assigned to User Levels may still be accessible to everyone, for example if the only picture in your document is in the part of the published document that is assigned to a User Level and Talentina automatically uses that picture as the thumbnail for the published document. That is why we advise you to not store or publish data on Talentina that you wish to keep private.
2.2.6. We always appreciate your feedback or other suggestions about Talentina, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
3. Trust and Safety
We created Talentina to be a place of trust and safety.
While we do our best to keep it safe, we cannot guarantee the safety on Talentina. That is why we do need all of our members and anyone else, who accesses Talentina services in one way or another, to help with it. That is why we require you to commit to the following obligations:
3.1. You will act in accordance to the Talentina Values, Behaviors and Beliefs
3.3. Talentina beliefs that everyone deserves to be treated with respect. Therefore you will treat everyone with respect on Talentina. This means for example that you will not bully, intimidate or harass anyone on Talentina, nor will you post or share any content or teach any point of view that is hateful, threatening, pornographic or that incites violence. You will respect the applicable restrictions with regards to age, especially with regards to mature or alcohol-related content and all other content that applies.
3.4. To enable a productive coaching environment, Talentina needs to balance transparency with privacy. That why you will not access Talentina using automated means (including but not limited to bots, spiders, scrapers and robots) without our explicit permission. You will not collect content or information from Talentina users, either by manual or automated means, for other purposes that other than Talentina is intended to be used for. You will also not send, share, post or otherwise engage in commercial communications that are not authorized on Talentina, for example spam. You agree not to use Talentina to recruit, solicit, or contact in any form Coaches or potential users for employment or contracting for a business not affiliated with us without our advance written permission.
3.5. Everyone needs to act as a safeguard for trust and safety on Talentina. That is why you will not perform any unlawful, misleading, malicious or discriminatory activity on Talentina, nor enable or encourage other people to do so. You will not use Talentina as a communication channel for such activities either. You will not take part in unlawful multi-level marketing activities on Talentina. You will also not upload malicious code, such as viruses. You will not do anything that negatively impacts the proper working of Talentina, such as a denial of service attack. You will need seek access or access an account that belongs to someone else.
3.6. Talentina offers tools that help Coachees match with Coaches and provides both parties with tools to manage the coaching relationship, amongst others. Talentina does not provide and does not represent itself as being licensed to provide counseling, psychotherapy, or psychiatric evaluation, psychiatric therapy, or any other service requiring professional accreditation. Those services are health care services provided by licensed health care professional and are often reimbursed through insurance policies. On the contrary, coaching focuses on achieving goals that the Coachee identifies in communication with the Coach, where the Coach provides advice, techniques and strategies, amongst others, to help the Coachee to reach a position to be able to achieve these goals. As such, coaching does not cover those areas where skills are used that only professional with an appropriate license have the permit to deliver. Because coaching is a useful supplement to any lifestyle but does not diagnose or treat any health disorders, including mental health, you acknowledge that it is your responsibility to manage your own health by accessing the licensed health services as recommended by authorities and as needed.
3.7. Talentina does not endorse or approve of any Coach or Coachee on its site. For any information that Talentina offers on the Coach, Coachee, Member, Visitor or on anything else and of any kind, you take on the responsibility to use your own independent judgment of the merit of this person or entity and of the quality of the information. Talentina offers no guarantee that any Coach is qualified, capable or licensed to deliver its services. Talentina expressly excludes liability for any inaccuracy or error of material or information that is placed on Talentina by Talentina, its users or anyone else to the fullest extent that is permitted by law.
3.8. You agree that Talentina and its services may be temporarily unavailable from time to time for maintenance or other reasons.
4. Registration and Account Security
Trust and safety on Talentina means every user needs to provide their real names and information. In order to keep your Talentina account secure and to maintain a good coaching environment on Talentina, you make the following commitments:
4.1. You will only provide and keep your personal information on Talentina correct, accurate and up-to-date. You will not create an account for anyone other than yourself without permission. You will not create an account for yourself or use Talentina if you are under 18. You will not use Talentina if you are a convicted sex offender.
4.2. Your account on Talentina provides a unique way to present yourself to the Talentina visitors. That is why you will create only one personal profile and you will not transfer your account. You grant Talentina the right to remove any element that is specific to your account that we find inappropriate and to repurpose it in any way we deem appropriate (for example, in case of a possible trademark conflict). If we ever disable your account, you will only create a new one after receiving our explicit permission.
4.3. You will not do anything that might compromise the security of your account, like sharing your password or access to your account with anyone else than yourself.
4.4. You will not use your account for commercial gains resulting from any activity other than the activities that are part of a normal coaching relationship.
5. A Great Talentina Experience for Everyone
Respect for other people’s rights is at the core of the Talentina Values, Behaviors and Beliefs. Talentina respects those rights, and we require you to do respect those rights as well.
5.1. You will not perform any action on Talentina that violates someone else’s rights, such as intellectual property rights, that infringes them or that violates the law. You will not use Talentina as a communication channel for such activities either.
5.2. You will not post any content on Talentina that violates this Statement. Talentina can remove anything you post, publish or exchange if we think it violates this Statement. If you repeatedly violate this Statement, we will delete or disable your account as appropriate.
5.3. You will not share or post anyone\'s personal or sensitive information, such as identification material, on or through Talentina.
5.4. Whenever you collect information from users, you will identify yourself, obtain consent and post an explanation the indicates the information that you collect and its purpose and use. You explain in clear terms that you and not Talentina is collecting this information. You will not contact anyone through Talentina who is not a Talentina user without their explicit consent.
5.5. You will not use any of Talentina’s intellectual property, such a trademarks or copyrights, without our written permission. No portion of Talentina may be reproduced, duplicated, copied, sold, re-sold, visited, or otherwise exploited for any commercial purpose without express written consent of Talentina.
5.6. You take the sole responsibility for all the telephony, service, and/or other charges and costs associated with you accessing and using Talentina and for procuring and upholding all equipment, such as computer hardware, required for such access and use.
6. Coach Commitments
As a coach on Talentina, you commit to the following:
6.1. You will make truthful representations at all times. You will not create misleading names, content or courses, amongst others.
6.2. At all times, you will make correct representations of your experience, skills, qualifications, degrees, background and other information. You will maintain and update all such information to keep it current, accurate, complete and true at all times.
6.3. Without exception, you will exercise a very high standard of care. Your care will be equal to the highest standard of professional and experienced coaches with a similar specialization in an offline or online practice, or to the service levels that are required by the professional associations for your specialization or profession.
6.4. You will not provide any medical or mental health advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship. Unless you are a licensed professional in the medical or legal field, you will not provide medical or legal information. If you are a licensed professional in the medical or legal field, you will only provide medical or legal information with regards to your field of expertise and only if you are in good standing and if you abide by all the relevant laws, rules and regulations.
6.5. For whichever field of expertise you offer your services on Talentina, you abide by all the rules of ethics and professional responsibility in your field of expertise, as required or prescribed required by the professional associations in that field or by law.
6.6. You understand that Talentina does not guarantee that Coachees are interested to subscribe to or pay for your services, or that they have the ability to pay. Talentina helps you to find Coachees with whom you may seek to establish a transaction with on your own initiative and under your own responsibility. As a result, it is also your responsibility to ensure that your transactions with your Coachees are executed flawlessly, which may imply ensuring the creditworthiness of people who request coaching from you or who already are your Coachee.
7.1. You can make a payment on Talentina or use Talentina Credits (Talentas). When you do so, you agree to our Payments Terms.
7.2. If purchase a Course, you agree to our Course Terms.************
8. The “Embed Course” Function
You may find on Talentina an “Embed Course function”. This function allows you to embed a course that is published on Talentina to be displayed onto another website. The embedded Talentina canvas offers other functionalities beyond display as well. If you include our Embedded Course on your website, than you agree that the following terms apply to you:
8.1. We give you permission to use Talentina\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s Embedded Course so that users can access the course content that is marked as ‘Public’ from your website on Talentina, as well as access functionalities and other content that are accessed from within the Embedded Course canvas, as long as they are offered as intended by Talentina and they are in line this Statement.
8.2. You give us and others permission to use such content and the data resulting from the interaction with the Embedded Course on and for Talentina.
8.3. You will not place an Embedded Course on any page containing content that does not belong on Talentina according this Statement.
9. Promotional Features and Other Commercial Content on Talentina
Our goal is to deliver commercial information through Promotional Features that are valuable to you. To achieve this, you agree to the following:
9.1. We will only give your content or information to advertisers with your consent.
9.2. You understand that we may not always identify paid services and communications as such.
10. Commitments of Advertisers
You can target an audience by buying Promotional Features on Talentina. When you place an order for any Promotional Feature, you agree to comply with the follow commitments (Order):
10.1. You can place an Order on Talentina by choosing the type of advertising you want to buy and either indicating the desired quantity or the amount that you want to spend, depending on which Promotional Feature you choose. We then verify if we can accept your Order. If so, we execute your Order in line with the availability of inventory on our site. When executing your Order, we do our best to deliver the Promotion according to the specifications (such as reach or audience) that apply to it, even though we cannot guarantee that your Promotion will always reach its intended target.
10.2. We may reject or remove any Promotion for any reason. In those cases where we think that we can enhance the efficiency or the effectiveness of your advertising campaign, we reserve the right to change the criteria that you have specified in your Order. Talentina determines the timing, duration, frequency, the size, positioning and any other characteristic of your Promotions. We cannot guarantee the response or activity that your Promotion will generation, such as the amount of click or sales through your Promotion. We are not responsible for how people interact with your Promotion and cannot guarantee the cost, efficiency or effectiveness of your Promotion.
10.3. Every Promotion that you place will comply with our Advertising Guidelines. As part of your commercial relationship with Talentina, you refrain for issuing any press release or making any public statement about this relationship without written permission.
10.4. You grant us a license to run your Promotion until we have completed your Order. You approve that in some cases users interact with your Promotion in a way that make it remain until all of those users delete it. You also grant use the right to use your Promotion and related content and information for our own marketing or promotional purposes (perpetual license).
10.5. The amount due for your Order will be calculated based on our web, ordering and tracking mechanisms. Your payment will comply with our Payments Terms.
10.6. In those cases where cancellation of a Promotion is possible, we cannot guarantee how long it may take before the Promotion stops running. You will receive no refund for cancelled Promotions.
10.7. When you place a Promotion on someone else\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s behalf, you need to make sure you have permission to do so. This includes that you make sure and guarantee that you have the legal authority to make a binding commitment for and of the advertiser to this Statement. You also agree that we may also hold you responsible for any violation that the advertiser who you represent may cause to this Statement.
11. Courses on Talentina
If you create or administer a Course on Talentina, you agree to our Course Terms.
You agree that the Software and the technology underlying Talentina are the proprietary works of Talentina, including the selection and arrangements thereof. The proprietary works of Talentina also include all other software, materials, designs, communications, information, illustrations, graphics, images, animations, video clips, audio clips, artwork, links, text, and other data or material that is copyrightable, including the selection and arrangements thereof, that you can access in connection with Talentina (collectively, the \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"Talentina Content\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\") and/or third party providers and suppliers (the \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"Third Parties\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\") and are protected, without limitation, pursuant to Belgian, European Union and foreign copyright laws.
13. Allowed Use of Course Material and Other Talentina Content
Talentina grants you a limited, revocable, non-transferable, non-exclusive, non-assignable, non-perpetual and royalty-free license to access and utilize its Services and Software for educational, non-commercial or personal use, all the while keeping the Statement fully effective and enforced. With this right, you are allowed to download, copy or print a reasonable number of copies of Course Material for educational, non-commercial or personal use, on the condition that you will not modify any content and that any copy contains in an unmodified form all the language destinations indicating the confidential nature of the content as well as all the copyright or other proprietary rights notices with an original source attribution that were in the materials originally provided to you by us. You agree that Talentina holds all rights, title and interest to all tangible and intangible parts of Talentina, its Software and Services, including without any limitation all patents, copyrights and trade secrets related each of those parts or its whole. You also agree that you do not acquire any intellectual property right or license by accessing or using the Talentina, by downloading, copying or printing copies of Course Material, or otherwise. In accordance with this Statement, these rights granted to you are revocable by us.
14. Liability Limitations, Disclaimer and Indemnification
Talentina, as a service, as content or otherwise, is presented “as-is”. Talentina does not promise or guarantee any specific results from using Talentina and its services. As a company, Talentina disclaims all warranties and representations, express or implied. This includes, without limitation, implied warranties of title, fitness for a particular purpose, merchantability or non-infringement.
You agree that when you access Talentina, download data from it, interact to its software, content or service, or have exposure to those in any other way, you do so solely at your own risk and discretion. Talentina does not guarantee that the content on Talentina is correct, complete or current, nor that it is free of errors or reliable in any other way. Talentina does also not guarantee that the website is free of malware, viruses or other components that may harm your computer or otherwise inflict harm.
Talentina, its owners, directors, managers, officers, employees, advisors, contractors, consultants, agents or affiliates will under no circumstances and in no event be liable to you or any third party for any damages, such as consequential, exemplary, indirect, incidental, punitive or special damages, related to your usage of Talentina or otherwise in any way connected to the use of Talentina, including for related lost data or lost profit, whether based on contract, negligence, tort, strict liability or otherwise. Talentina will in no event and under no circumstance be responsible for any loss, damage, personal injury or death resulting from anyone’s use of Talentina and its services or any interaction between users of Talentina, whether on Talentina or outside of its platform of services.
You agree to indemnify, to defend and to hold Talentina harmless, as well as its owners, directors, managers, officers, employees, advisors, contractors, consultants, agents, third party providers or affiliates (including our affiliates\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\' owners, directors, managers, officers, employees, advisors, contractors, consultants, agents and third party providers), from and against all expenses, damages, costs, losses, demands and claims, including reasonable attorney\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s fees and all the related costs and expenses, that are due to or arise out of any content that you post to, publish on, or otherwise exchange or transfer through Talentina (including, but not limited to, its website, its software and its services), your use of the services, the content or any part thereof, your connection to the services, or your breach of this Statement. You grant us the right to assume, at our expense, the exclusive defense and control of any matter that would be otherwise subject to indemnification by you. You commit to cooperate fully with such defense and in asserting any available defenses in such case.
15. Modification of Services
We reserve the right to change, add or eliminate features, pricing, terminology and others aspects of Talentina and make other changes while this Statement will continue to apply to Talentina as modified. We may modify or discontinue, temporarily or permanently at any time and from time to time, Talentina or its services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such change, addition, interruption, or elimination of Talentina or its services.
16. Amendments to the Statement
16.1. Talentina can change this Statement at any time without any notice, for example to correct an inaccurate statement or for legal or administrative reasons. When we change this Statement, we provide you with the adapted version of Statement itself on this page and indicate the date of the last revision.
16.2. By agreeing with the Statement, you also agree that it is your responsibility to regularly check the Statement to determine if there have been changes and if so to assess such changes.
16.3. If you do not commit to abide to the Statement, do not use or access, or continue to use or access, Talentina.
16.4. In some cases, Talentina may offer the opportunity to comment on changes to the Statement or proposed changes to the Statement. Any opportunity to comment on these changes will not be binding to Talentina.
If you act against the letter or spirit of this Statement, we may cease to provide you with any or all of our services. Whenever you create possible legal exposure or any other risk for us, we may also cease to provide you with any or all of our services. In those cases, we will alert you when you try to access your account following the full or partial termination. You may also delete your account on your own initiative, within the ways that Talentina offers to do so. In all of these cases, this Statement terminates, except for the following provisions that still apply: 2.2, 2.4, 3-5, 8.2, 9.2, 10.2, 10.4, 10.7, 11.13, and 17-23.
Unedited text from now on:
18.1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Talentina exclusively in a court located in Belgium (Leuven). The laws of Belgium will govern this Statement , as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Leuven, Belgium for the purpose of litigating all such claims.
18.2. If anyone brings a claim against us related to your actions, content or information on Talentina, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
18.3. We try to keep Talentina up, bug-free, and safe, but you use it at your own risk. We are providing Talentina as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Talentina will be safe or secure. Talentina is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a California resident, you waive California civil code §1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or Talentina, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or Talentina will not exceed the greater of one hundred dollars ($100) euro or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Talentina\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s liability will be limited to the fullest extent permitted by applicable law.
19. Applicable to Users Outside of Belgium
Our goal is to create a global community with similar standards for everyone. At the same time, our aim is to also respect the local law. The following provisions apply to users outside of Belgium:
19. 1. You agree that your personal data is transferred to and processed in Belgium or elsewhere in the European Union.
19. 2. In case you are located in a country embargoed by the European Union or United States, or in case that you are on the U.S. Treasury Department\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s list of Specially Designated Nationals you will not engage in commercial activities on Talentina.
19. 3. Certain specific terms that apply only for German users are available here.
20.1. By Talentina we mean the features and services we make available, including through (a) our website at www.TALENTINA.com and any other Talentina branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the like button, the share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
20.2. By Platform we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Talentina or provide data to us.
20.3. By information we mean facts and other information about you, including actions you take.
20.4. By content we mean anything you post on Talentina that would not be included in the definition of information.
20.5. By data we mean content and information that third parties can retrieve from Talentina or provide to Talentina through Platform.
20.6. By post we mean post on Talentina or otherwise make available to us (such as by using an application).
20.7. By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
20.8. By active registered user we mean a user who has logged into Talentina at least once in the previous 30 days.
20.9. By application we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
21.1. If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Talentina, Inc. Otherwise, this Statement is an agreement between you and Talentina Ireland Limited. References to “us,” “we,” and “our” mean either Talentina, Inc. or Talentina Ireland Limited, as appropriate.
21.2. This Statement makes up the entire agreement between the parties regarding Talentina, and supersedes any prior agreements.
21.3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
21.4. If we fail to enforce any of this Statement, it will not be considered a waiver.
21.5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
21.6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
21.7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
21.8. Nothing in this Statement shall prevent us from complying with the law.
21.9. This Statement does not confer any third party beneficiary rights.
21.10. You will comply with all applicable laws when using or accessing Talentina.
22. No Agency
Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
• To access the Statement of Rights and Responsibilities in several different languages, change the language setting for your Talentina session by clicking on the language link in the left corner of most pages. If the Statement is not available in the language you select, we will default to the English version.
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