Acceptance by Users
The Website and the Service which are provided to you subject to these talkingstudios.com Terms and Conditions of Use (these "Terms"). For the purpose of the Terms and wherever the context so requires, the terms "you" and “your” shall mean "any person" who uses or accesses, whether through manual or automated means, the Website and/or the Service in any manner whatsoever including persons browsing the Website and its content, posting comments or any content or responding to any advertisements or content on the Website. By using the Service, you agree to comply with these Terms.
Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at Talking studios's sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Talking Studios or the Service in any way, your only choice is to immediately discontinue use of Talking Studios.
Talking Studios is a list aggregator for recording music, voice over, background music, photography, artists profiles(like singers, dancers, musicians) and videography studios. We offer a list and contact information of studios in your neighborhood or as per search parameters.. We act as a venue to allow our users who comply with these "Terms" to offer information listed on the Website. Although you may be able to conduct payment and other transactions through the Website, using third-party vendors. Talking Studios is not in any way in involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Talking Studios is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. Until and unless it has been agreed by talkingstudios.com and party over an written agreement. You use the Service and the Website at your own risk.
You understand that Talking studios does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside Talking studios's domain or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service ("Content"), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Talking studios be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that Talking studios cannot and does not pre-screen or approve any Content, but that Talking studios has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Talking studios's knowledge or for any other reason or for no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to Talking studios. If you link to Third Party Websites, you may be subject to those Third Party Websites' terms and conditions and other policies. Talking studios makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Talking studios disclaims all liability thereto. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and agreement that:
(i) you own or have and shall continue to, for such time the Content is available on the Website, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Talking studios to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and
(ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Website, you hereby grant to Talking studios an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Talking studios's (and its successor's) business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Talking studios in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Talking studios all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you or Talking studios remove or delete such
Content from the Website.
Talking studios does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Talking studios expressly disclaims any and all liability in connection with user Content. Talking studios does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Talking studios may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. Talking studios reserves the right to remove any Content without prior notice. Talking studios may also terminate a user's access to the Website, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, Talking studios reserves the right to decide whether any Content is appropriate and complies with these Terms.
Talking studios may provide a video service to you if you upload photographs for your ad. By uploading your photographs, you irrevocably consent to the use of your photographs for this service and represent and warrant that you have all right, title and interest necessary to upload and use the photographs on this service. Under this service, using a third party application or service, Talking studios may, at its discretion, create a video of your photographs, upload the video via www.youtube.com or another third party service provider, as determined by Talking studios at its discretion, and embed the video into your ad on Talking studios.
You agree your post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
Additionally, you agree not to:
Access to the Service
Talking studios grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following:
(a) access to or use of the Service by Posting Agents; or
(b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Talking studios or as otherwise set forth in these Terms.
Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds ninety nine (99) postings, your use will be considered to be in violation of these Terms, unless Talking studios expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Website so long as the link does not portray Talking studios, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. Talking studios may offer parts of the Service in RSS format for the purpose of embedding individual RSS feeds into a personal website or blog, or view postings through third party software news aggregators. Talking studios permits you to display, excerpt from, and link to any such RSS feeds on your personal website or personal blow, provided that
(a) your use of the RSS feed is for personal, non-commercial purposes only,
(b) each title within an RSS feed is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it,
(c) you provide, in a conspicuous manner, proper attribution to 'Talking studios' as the source of the RSS feed,
(d) your use or display of the RSS feed does not suggest that Talking studios promotes or endorses any third party causes, opinions, ideas, websites, products or services,
(e) you do not redistribute the RSS feed, and
(f) your use does not overburden or otherwise slow the performance of Talking studios's systems.
Talking studios reserves all rights in and to the content of any RSS feeds provided through the Service and may terminate any RSS feed at any time without notice. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Talking studios.
As used herein, the term "Posting Agent" refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. Talking studios prohibits the use of Posting Agents, directly or indirectly, without the express written permission of Talking studios. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from Talking studios.
Talking studios may charge a fee to post Content in some areas of the Service. The fee permits certain Content to be posted in a designated area of the Website. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms.
Notification Of Claims Of Infringements
Talking studios is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.
If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may submit a notification to Talking studios together with a request to Talking studios to delete the relevant Content in good faith in the claims of infringement form available here.
Intellectual Property Rights
You acknowledge and agree that the materials on the Website, other than the user Content that you licensed, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Talking studios, and are subject to copyright and other intellectual property rights under Dutch laws, foreign laws and international treaties and/or conventions. In connection with the Services, the Website may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted by third parties to Talking studios. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Talking studios reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. .
You understand that when using the Website and the Service, you will be exposed to Content from a variety of sources, and that Talking studios is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Talking studios with respect thereto.
You agree to defend, indemnify and hold harmless Talking studios, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
Limitations Of Liability
In no event shall Talking studios, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Talking studios has been advised of the possibility of such damages), resulting from any aspect of your use of the Website or the Service, including without limitation whether the damages arise from use or misuse of the Website or the service, from inability to use the Website or the Service, or the interruption, suspension, modification, alteration, or termination of the Website or the Service. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Website or the Service or any links on the website, as well as by reason of any information, opinions or advice received through or advertised in connection with the Website or the Service or any links on the Talking studios site. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Talking studios shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you. The Website is controlled and offered by Talking studios. Talking studios makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
No Spam Policy
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Talking studios’s email addresses or through Talking studios computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time Talking studios may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the Talking studios email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of Talking studios computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Dealings With Organizations And Individuals
You acknowledge and agree that Talking studios shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Talking studios shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that Talking studios is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release Talking studios, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
Limitation And Termination Of Service
You acknowledge and agree that Talking studios may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that Talking studios has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that Talking studios reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Talking studios shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that Talking studios, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if Talking studios believes that you have violated these Terms. Further, you agree that Talking studios shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.
Disclaimer Of Warranties
You expressly acknowledge and agree that use of the Website and the Service is entirely at your own risk and that the Website and the Service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law Talking studios, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. Talking studios makes no warranties or representations about the accuracy or completeness of the website's content or the content of any third party websites linked to the website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website and service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service. Talking studios does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and talking studios will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Ability To Accept Terms Of Service
This Website is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Website as a representative of any person/entity, you acknowledge that you are legally authorised to represent that person/entity. Minors, i.e. users of under 18 years of age, are only allowed to access the Website and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.
These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and Talking studios and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and Talking studios shall be governed by the laws of the India. Any claim you may have against Talking studios must be submitted to the exclusive jurisdiction the courts of New Delhi, India. However, in the event that you are a consumer it may be that consumer law requires that another law is applicable and that a claim may be submitted to another jurisdiction. The failure of Talking studios to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. You agree that any cause of action brought by you and arising out of or related to your use of the service and/or the website must commence within a reasonable time and in any event within one (1) year after the cause of action accrues, except that Talking studios may commence any such cause of action in accordance with the applicable statute of limitations under Indian law. Otherwise, such cause of action is permanently barred. these terms shall inure to the benefit of and be binding upon each party's successors and assigns.
Violation Of Terms And Liquidated Damages
Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the Talking studios homepage at www.Talking studios.com. Any failure to act by Talking studios with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Talking studios the following as liquidated damages (and not a penalty):
(a) If Talking studios establishes any limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Talking studiosnine hundred and ninety rupees (Rs.990) for (i) each message posted in excess of such limits or (ii) for each day on which you access Talking studios in excess of such limits, whichever is higher.
(b) If you are a Posting Agent that uses the Service in violation of these Terms, in addition to any liquidated damages then you agree to pay Talking studios nine hundred and ninety rupees (Rs.990) for each and every item you post in violation of these Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service, and such party (by engaging the Posting Agent in violation of these Terms) agrees to pay Talking studios an additional nine hundred and ninety rupees (Rs.990) for each item posted by the Posting Agent on behalf of such party in violation of these Terms.
(c) If you use Talking studios’s email addresses or computer systems to send unsolicited email advertisements to Talking studios’s e-mail addresses or any other party, you agree to pay Talking studios five hundred Rupees (Rs.500) for each such esmail.
(d) If you post messages in violation of these Terms, other than as described above, you agree to pay Talking studiosnine hundred and ninety rupees(Rs. 990) for each such message. Notwithstanding the foregoing, Talking studios may, in its sole and absolute discretion, issue a warning before assessing damages.
(e) If you aggregate, copy, display, mirror, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Talking studios's express written permission, you agree to pay Talking studios One hundred thousand rupees (Rs.100,000) for each day on which you engage in such conduct. If none of the foregoing clauses (a) – (e) are applicable, you agree to pay Talking studios's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Talking studios retains the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.
If you have any grievance with respect to the Website or the Service, you can contact our grievance officer at: firstname.lastname@example.org