Terms of Service
Talent Influence is an Online Network connecting models, actors, actresses, influencers from leading Hong Kong agencies to the catering, education, beauty, wellness and fitness industries.
Membership to Talent Influence is by invitation only and exclusively models, actors, actresses, influencers from registered Hong Kong Agencies are eligible to become members and use all the benefits of the application.
Talent Influence provides exceptional offers in restaurants, gyms, tutoring classes, cafes, SPAs and much more. Once the models, actors, actresses, influencers are members, they can book the free offers from the local companies with a simple click and go there by showing their Talent Influence profiles to the manager to take advantage of the offer.
Talent Influence shows to the members the offers closest to them, so they can quickly benefit from free lunch, English lessons, gym and drinks, and much more.
Members are required to communicate about the offers by creating Instagram posts with them and the offers in order to get them for free.
Talent Influence is an excellent tool to relieve models, actors, actresses, influencers from costly daily expenses, help them save money in Hong Kong and assists local businesses to have more visibility and notoriety on social networks.
2. Legal Notices
The editing and direction of the publication of the https://m.talentinfluence.hk website is carried out by Mr. Carsana Bastien, domiciled at
5/F, DIAMOND EXCHANGE BUILDING, 8-10 DUDDELL STREET, CENTRAL, HONG KONG.
Phone number is +85251601323
E-mail address: firstname.lastname@example.org
The host of the https://m.talentinfluence.hk website is the company GANDI SAS, whose head office is located at 63-65 boulevard Masséna 75013 Paris, with the phone number: +33170377661.
The service is not for persons under the age of 18 or for any users previously suspended or removed from the service by Talent Influence. if you are under 18 years of age, you must not use or access the service at any time or in any manner. The service is intended solely for persons that are in full legal capacity to conclude this Agreement, so if your legal capacity is reduced, limited or excluded please don't use the Progressive Web Application.
By downloading and using this Progressive Web Application you affirm that you are at least 18 years of age.
This is a binding contract between you and the Progressive Web Application, which is based on your personal characteristics (intuitu personae), where your physical appearance, style, experience in modelling, acting, influencing business, is an essential term of the Agreement.
To access and participate in the Progressive Web Application, you will need to submit a membership application. The number of members that can be granted membership is limited and depends on the number of available venues, so Talent Influence has right to in its sole discretion approve, refuse, suspend or terminate membership in the Progressive Web Application at any time.
One person can have only one Talent Influence account.
Your Account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion.
You are prohibited from allowing any third party to use your Talent Influence account or gain access to the Talent Influence Services through your Account. All services are validly for the one Account and it is not transferable to 3rd parties.
Upon filing a request for membership, members will receive a questionnaire where we can ask you to provide us with your personal information and photos to make sure that only one person uses one account and that we can fully process your request.
In order to use the Service, you must either login through the Talent Influence Progressive Web App or download it and register an account with the Service (an "Account"). In both cases to create an Account, you must provide your name, email address, and/or social media account information and certain documentation that helps to verify your identity. Submitted data, material and profile will be reviewed by Talent Influence according to my standards and requirements at my sole discretion: once your profile will be validated you will be able to access to the platform full features.
By connecting your Account with a third-party service, you give to Talent Influence the permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You are responsible for maintaining the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Talent Influence immediately at email@example.com if you suspect or know of any unauthorised use of your log-in credentials or any other breach of security with respect to your Account. Talent Influence will not be liable for any loss or damage arising from unauthorised use of your credentials prior to you notifying Talent Influence of such unauthorised use or loss of your credentials. Separate log-in credentials may be required by the owners and/or operators of External Sites (as defined below) to access such External Sites.
In creating an Account, you agree to provide true, accurate, current, and complete information as requested in any registration forms required by Talent Influence Progressive Web App. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. I reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by me in my sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in my sole discretion, would or might constitute a violation of this Agreement, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations, including, but not limited to, trademark rights, copyrights, or the rights of privacy or publicity. If messages sent to an e-mail address provided by you are returned as undeliverable, then Talent Influence reserves the right to terminate your Account immediately with or without notice to you and without any liability to you or any third party.
I exclusively own and operate the Progressive Web Application, https://m.talentinfluence.hk (collectively, "Site" or "App" ), and I am an online Progressive Web App that connects members of the Progressive Web App who request for membership via the App (known as "members") and local companies that provide their services. I allow the Members to be interconnected with others to show their specific experience regarding specific venue.
The Progressive Web App is a platform through which certain merchants ("TaIent Influence Spots") offer the benefit to order at selected times certain complementary meals and/or beverages free of charge at cafes, restaurants, bars, pubs, clubs or similar hospitality objects ("Offers") as free yoga classes, free gym memberships, tuition courses.. The Talent Influence Spots are the only ones to make offers and are solely responsible to you for the care, quality and delivery of the goods and services provided.
Members are entitled to choose offers which will be available to them by making a reservation through the Progressive Web App service (the "Reservation").
Each establishment is authorised to indicate its conditions relating to this offer, which include without limit the start and end time of the offer, the number of persons, special advantages, dress code, rules of conduct, special skills, etc.. By making reservations, members confirm and agree that they meet all the conditions set out in the offer.
When making a Reservation is successfully executed, a Member will receive a confirmation from the Progressive Web App. The Talent Influence Spot will receive the Reservation of the Talent Influence member. Member is obliged to show his/her Talent Influence Profile to an authorised person at the venue who will check the information, after which the Talent Influence member will be offered the service specified in the reservation.
The Reservation can be cancelled at the latest 4 hours before the start time indicated in the offer, without any negative consequences, unless the offer does not explicitly specify another deadline for the cancellation of the reservation.
In the event that member does not show up for a reservation, it will be considered as an absence.
If one member does not show up for 3 Reservations, this member will automatically be suspended for 2 days. The service is provided on an "as is" and "as available" basis. Your use of the Services is done so at your own risk.
If one of the Talent Influence Spots provides special benefits for certain categories of members, I have the right to disclose this information and to communicate, to all members or those applying for membership, without any liability as to the content of the offer offered by one of the venues. In that case, members acknowledge and agree that Talent Influence is solely a neutral facilitator and is not directly involved, nor is a party to the transactions, agreements, contract or arrangements between member and venue.
The service may be unavailable at certain times to allow Talent Influence to maintain and upgrade the website. Talent Influence will always endeavour to inform its members in advance of any unavailability of service if this cannot be guaranteed. Talent Influence reserves the right to alter or withdraw the service at any time and also reserve the right to refuse the service to any member without giving a reason.
No guarantees or endorsements for services provided by venues.
I do not guarantee the quality of the venues as they are not employees, contractors or agents of the Progressive web application, and Talent Influence is not an agent of the venue.
I do not give any guarantee regarding the quality of the food and beverages, the synthesis conditions, the sanitary safety and other conditions of the venue, the skills and/or the result or quality of the service performed or provided by the venue.
Talent Influence does not endorse nor recommends the services of any particular venue. Any reference on the Progressive Web Application or at the premises of a venue to the Talent Influence's verifications indicates only that the venue is a registered member of the Progressive Web Application, and is not an endorsement, certification or guarantee by the Progressive Web Application. Additionally, Talent Influence reserves the right to remove without notice to members any venue from the Progressive Web Application.
Members should exercise due diligence and caution when deciding to make Reservations in venues.
Talent Influence does not perform and is not responsible for the performance of services in the venues. In terms of the provision of services by venues and all other related matters, members contract directly with venues, and their contractual rights are governed by the contractual terms between them and by applicable laws.
6. Ownership and Use of App
The Progressive Web Application, any content on the Progressive Web Application and the infrastructure used to provide the App are solely owned by Talent Influence. By using the Progressive Web Application and accepting the Agreement: (a) Talent Influence grants you a limited, personal, non-transferable, nonexclusive, revocable license to use the App subject to this Agreement; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Progressive Web Application.
I may change, suspend or end any service or use of the Progressive Web Application at any time in my sole discretion. The Progressive Web Application is not a storage service, nor does the Progressive Web Application offer such services. You agree that I have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
I retain the right, in my sole discretion, to deny service or use of the Progressive Web Application or an account to anyone at any time and for any reason whatsoever. The access to the Progressive Web Application may be limited due to regular maintenance, interruptions or other circumstances out of my control.
You agree, undertake and warrant to Talent Influence that: (i) you have reached the age of majority in the jurisdiction of your residence; (ii) you have capacity to enter into legally binding transactions: (iii) You will not attempt to use the application with crawlers, robots, data mining or extraction tools or any other functionality; (iv) you are the sole user of services of this Progressive Web Application or Offers; (v) all information you submit to the application is accurate, true, current and complete; (vi) you will update and correct information you have submitted to the Progressive Web Application and ensure that it is accurate at all times (out-of-date information will invalidate your account); (vii) you will accept the Offers or participate in other available programs through the application by creating an account on the Progressive Web Application; (viii) you will at all times keep yourself informed about and comply with the Agreement.
7. Your Obligations
As a member of Talent Influence, you agree to comply with the Agreement and all applicable laws and regulations. You acknowledge and agree that the Progressive Web Application is for your personal use only. You undertake not to misuse or attempt to misuse or circumvent the Progressive Web Application or are using or attempting to use the Progressive Web Application for any unlawful, immoral, inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming.
You may create and hold one account on the Progressive Web Application for your personal use. You are responsible for updating and correcting information you have submitted to create or maintain your account. Talent Influence shall have no responsibility for any incident arising out of, or related to, your account settings. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. I will assume that anyone using the Progressive Web Application or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of this Agreement, including, without limitation, failure to maintain updated and correct information about your account will cause your account to fall out of good standing and I may cancel your account in my sole discretion.
You may not use the Progressive Web Application to recreate or compete with Talent Influence, or to solicit or harass other members, or for any other purpose not contemplated herein.
You are prohibited from advertising or soliciting services that are not within the scope of the services offered by the Progressive Web Application at the time the advertising or solicitation was made.
All personal information about other members are confidential, and you may not collect, harvest or publish. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Talent Influence for any such damages, and will indemnify Talent Influence in the event of any third party claims against Talent Influence based on or arising from your violation of the foregoing.
In addition, Talent Influence reserves the right, in its sole discretion, to immediately terminate/suspend your access to the Progressive Web Application without notice and to take appropriate legal action or proceedings without notice to obtain appropriate remedies and/or damages, including but not limited to remedies, legal fees, costs and expenses, and to seek injunctions or other equitable remedies, for your misuse or alleged misuse of the Progressive Web Application.
All members of or interaction via the Progressive Web Application and must comply with these Agreement. The following activities are prohibited on the Progressive Web App and constitute violations of this Agreement:
Acting illegally or maliciously against Talent Influence, partner venues, my reputation or services.
Submitting any content to the Progressive Web Application that: (i) breaches applicable laws; (ii) contains viruses or malware or offers unauthorised downloads of any copyrighted, confidential or private information; (iii) contains chain letters of any kind; (iv) impersonates others (including Talent Influence); (v) is subject to any proprietary right without the express permission of the owner of such proprietary right; or (vi) is intentionally inaccurate, commits fraud or information in connection with your Talent Influence Account or to create multiple Talent Influence accounts;
Attempting to do or actually doing any of the following: (i) interfering with service to any user in any manner, including by means of submitting a virus to the Progressive Web Application or attempting to overload, "flood," "spam," "mail bomb" or "crash" the Progressive Web Application; (ii) scanning or testing the security or configuration of the Progressive Web Application or breaching security or authentication measures; (iii) accessing data not intended for you, such as logging into a server or an account which you are not authorised to access; (iv) scanning or monitoring the Progressive Web Application for data gathering purposes in an effort to track usage, aggregate offering information, or similar data; or
Using any of the following: (i) frames, framing techniques or framing technology to enclose any content included on the Progressive Web Application without my express written permission; (ii) or any of its resources to solicit Talent Influence Spots, consumers, or other third-parties to become users or partners of other online or offline services; (iii) or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with Talent Influence; (iv) any site content, in any meta tags or any other "hidden text" techniques or technologies without my express written permission; Engaging in any of the following: (i) interfering with service to any user in any manner, including by means of submitting a virus to the Progressive Web Application or attempting to overload, "flood," "spam," "mail bomb" or "crash" the Site; (ii) scanning or testing the security or configuration of the Progressive Web Application or breaching security or authentication measures; (iii) accessing data not intended for you, such as logging into a server or an account which you are not authorised to access; (iv) scanning or monitoring the Progressive Web Application for data gathering purposes in an effort to usage, aggregate offering information or similar data; or tampering or interfering with the proper functioning of any part, page or area of the Progressive Web Application or any functions or services provided by Talent Influence or Talent Influence Spots;
Reselling your membership or allowing others to use or benefit from your membership or from your access to the Progressive Web Application or any Offers you have accepted;
Taking any action that places excessive demand on my services or Offer or imposes, or may impose, an unreasonable or disproportionately large load on my servers or other portion of our infrastructure (as determined in my sole discretion);
Accessing, monitoring or copying any content from the Progressive Web Application using any "robot," "spider," "scraper" or other automated means or any manual process for any purpose without our express written permission;
Violating the restrictions in any robot exclusion headers on the Progressive Web Application or circumventing other measures employed to prevent or limit access to the Progressive Web Application; Exceeding or attempting to exceed quantity limits when accepting Offers;
Aggregating any current or previous Offers or content or other information from the Progressive Web Application (whether using links or other technical means or physical records associated with purchases made through the Progressive Web Application) with material from other sites or on a secondary site without our express written permission; or
Hyperlinking to the Progressive Web Application from any other website or deep-linking to any portion of the Progressive Web Application.
You are bound to act in accordance with the laws and regulations applicable in the country in which the Talent Influence Spot website is located, as you acknowledge and accept that, regardless of the offer published in an ad via the Progressive Web Application, this offer can be modified and customised in the Talent Influence Spot itself if, by such an offer, you have violated any law whatsoever. This primarily relates to the right to consume alcohol, tobacco or other offers, which are, in certain countries, subject to a restrictive regime.
"Personal Information" means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number, your physical appearance, your facial photos, like any other information that you, from time to time and at any time, make publicly available through any social network or platform, We do not consider Personal Information to include information that has been anonymised so that it does not allow a third-party to easily identify a specific individual.
I collect information, including Personal Information, when you register to use the Progressive Web Application and communicate with me.
When you use or visit Talent Influence you provide me with two types of information: personal information you knowingly choose to disclose that is collected by me and the Progressive Web Application use information collected by me as you interact with my Progressive Web Application. When you register with Talent Influence, you provide me with relevant information, such as contact person, email address, telephone number and any other information that you provide to me.
When you visit the Progressive Web Application, I receive and record information on my server logs from your browser, including your IP address, and from cookies and similar technology. Cookies are small text files placed in visitors' computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Service may not work properly.
I use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, I use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to Talent Influence. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature. When you use Talent Influence, you may set up your personal profile, send messages, perform searches and queries, form groups, set up events, add applications, and transmit information through various channels. I collect this information so that I can provide you the service and offer personalised features. When you update information, I usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information. You post Personal Information on the Progressive Web Application at your own risk. Although I allow you to set options that limit access to your pages, please be aware that no security measures are perfect or impenetrable. I cannot control the actions of other members with whom you share your Personal Information. Therefore, I cannot and do not guarantee that Personal Information you post on the Progressive Web Application will not be viewed by unauthorised persons. I am not responsible for circumvention of any privacy settings or security measures contained on the Progressive Web Application.
You understand and acknowledge that, even after removal, copies of Personal Information may remain viewable in cached and archived pages or if other members have copied or stored your Personal Information. Any improper collection or misuse of information provided on Talent Influence is a violation of my T&C and should be reported to firstname.lastname@example.org. Talent Influence App may also collect information about you from other sources, such as newspapers, blogs, instant messaging services, and other users of the Talent Influence service through the operation of the service (e.g., photo tags) in order to provide you with more useful information and a more personalised experience. By using Talent Influence, you are consenting to have your personal data transferred to and processed in Hong Kong Special Administrative Region of the People's Republic of China (HKSAR).
You agree to share information about your relationship with certain Talent Influence Spots with all and any Talent Influence members, which specifically implies your impressions of a particular Talent Influence Spot, information about which Talent Influence Spot you are visiting and the location where the Talent Influence spot is located.
1. Personal Information Collection
If you register to use the Service, you must provide me with certain Personal Information, such as your name, photos, information about work experience and email address.
We collect Personal Information from a social media website when you use your social media accounts to tag the Talent Influence Instagram account. For example, I may collect the Personal Information you have made publicly available on Instagram and/or other social media platforms which you are a registered member of, such as your name, profile picture. Only in case you specifically authorised the upload, I will also collect data and pictures and other multimedia contents you made available to me which may not be (fully or partly) publicly available in Social Network, such us private galleries and albums.
3. Using the Service
We collect the information you post through the Service. For example, when you interact with me by sending me an email, the Service collects the information you provide in that communication, including any personal information.
4. Customer Support
I may collect personal information through your communications with me.
5. Location Information
I may obtain information about your physical location when you arrive at the venue to get your Offer.
6. Cookies, Automatic Data Collection & Related Technologies
The Service collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics.
By using the Service, you are authorising me to gather, parse, and retain data related to the provision of the Service.
I use information, including Personal Information, to:
• facilitate and improve the services;
• and communicate with you and other Talent Influence members.
I may use aggregate information for any purpose, including for marketing purposes.
7. Internal & Service-Related Usage
I use information, including Personal Information, for service-related purposes only and may provide it to third parties to allow us to facilitate the Service. I may use and retain any data I collect to provide and improve the Service.
I may send emails to the email address you provide to me to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.
I will use any documentation that you provide to me to verify your identity for that sole purpose.
10. Marketing 01
I may use information, including Personal Information, to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you, to promote your image or to enhance my cooperation and the visibility of the Progressive Web Application.
11. Aggregate data
I may anonymise and aggregate data collected through the Service and use it for any purpose.
I may share your information:
• with my third-party service providers;
• with other Talent Influence members
• to comply with legal obligations;
• to protect and defend my rights and property and with your permission.
We do not rent, sell, or share Personal Information about you with other people or non-affiliated companies for their direct marketing purposes.
12. Displaying to Other Members
The content you post may be displayed on the Progressive Web App. Other member of Talent Influence will be able to see some information about you, such as your name, photos, modelling/acting agency.
I am not responsible for privacy practices of the other members who will view and use the posted information. Accordingly, we recommend that you carefully consider what you post to the Service before doing so to guard your anonymity and sensitive information.
13. Social Networking & Other Websites
The Service may allow you to share information, including Personal Information, with social networking platforms such as Instagram. I do not share your Personal Information with them. Their use of the information will be governed by their privacy policies, and you may be able to modify your privacy settings on their Talent Influence profiles.
14. Marketing 02
I do not rent, sell, or share Personal Information about you with other people or non-affiliated companies for their direct marketing purposes. I may allow access to other data collected by the Service to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.
As required by law and similar disclosures, I may access, preserve, and disclose your Personal Information, other account information, and content if I believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours', mine' or others' rights, property, or safety.
15. Security of Your Information
I accept no responsibility for unintentional disclosure. Your account information is located on a secure server behind a firewall. When you enter sensitive information, we encrypt it using Secure Socket Layer technology. However, it is the responsibility of each member to protect himself/herself against any unauthorised access to your data, to ensure that no one else uses the Talent Influence service through the machine that the member uses when he/she is connected to the Talent Influence service, to log out or leave the Talent Influence service when he/she is not using it and to keep his/her password secret. If you have any questions regarding the security of the Talent Influence application form, please contact us at the following address: email@example.com.
By using the Progressive Web Application or providing Personal Information to me, you agree that I may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If I learn of a security system's breach, I may attempt to notify you electronically by posting a notice on the Progressive Web Application or sending an e-mail to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at: firstname.lastname@example.org.
I do not knowingly collect information from persons under 18 and I do not want it. I will take steps to delete it if I learn I have collected it.
I do not knowingly collect, maintain, or use Personal Information from persons under 18 years of age, and no part of the Progressive Web Application is directed to persons under the age of 18. If you are under 18, please do not attempt to register in Talent Influence or send any information about yourself to me, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to or on Talent Influence. If you learn that your child has provided me with Personal Information without your consent, you may alert me at email@example.com. If I learn that I have collected any Personal Information from persons under 18, I will promptly take steps to delete such information and terminate the minor's account.
16. International Users
17. Changing, Removing & Updating Your Information Or Pose a Question Or Suggestion
III/ COPYRIGHT & TRADEMARKS
The Progressive Web Application contains copyrighted material, trademarks, and other proprietary information, including text, software, photos, video, graphics, music and sound, and the entire contents of the Progressive Web Application are protected by copyright, trademark, and other intellectual property laws of Hong Kong Special Administrative Region of the People's Republic of China (HKSAR). Talent Influence owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content or IP, in whole or in part.
Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of Talent Influence or Mr. Carsana Bastien is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any IP by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Talent Influence owns trademarks, registered and unregistered, in Hong Kong Special Administrative Region of the People's Republic of China (HKSAR) and "Talent Influence", "TI" trademarks, logos and variations thereof found on the Progressive Web Application are trademarks owned by Talent Influence or its related entities and all use of these marks inures to the benefit of Talent Influence. You may not use TI's name, logos, trademarks or brands, or trademarks or brands of others on the Progressive Web Application without Talent Influence's express permission.
Other marks on the Progressive Web Application not owned by the Talent Influence may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of the Company unless otherwise stated, or may be the property of their respective owners.
1. Your License to Talent Influence
In order to open your Talent Influence account you will need to provide personal information including your text, photos, or you may have an opportunity to provide or post via the Progressive Web Application reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications.
If the Offer requests that you take photos or/and to make a check-in, if you want to use an Offer you will be obliged to upload your photo/check-in on your social network and to tag, (i) the Talent Influence social network (@talentinfluence), (ii) the Talent Influence Spot, and to express your positive impressions about the Talent Influence Spot and Talent Influence in the photo.
Such a photo must exist on your social networks for at least 24 hours from the publishing with maximum visibility. In case that you delete a photo, or otherwise reduce visibility, before 24 hours from the publishing, it will be considered as an absence. You will not express negative impressions, comments or other references in a negative context via social networks, verbally, in writing, or through any other medium.
You own the photos, images, videos and other content ("Content") and information that you submit or post to your social networks, but if Talent Influence is tagged on it you are granting to Talent Influence without compensation the following non-exclusive license without any limitation in time: a local, perpetual, transferable and sub licensable right to use, copy, modify, distribute, publish, and process, adapt, change in appropriate post-production, arrange and otherwise modify this Content.
If Talent Influence is tagged on Content, this means that you transfer to me all copyright regarding this Content that includes my right to use the Content.
If the Content contains other persons - third parties, and you tag the Talent Influence account, it will be considered that you have obtained the consent of those persons to use that Content as described in the preceding paragraph.
In case that a third person referred to in the previous paragraph (in order to protect its rights) files against Talent Influence and/or authorised person of Talent Influence, appropriate claims for temporary measures or for the prohibition of (re)posting of Content, you will be obliged to provide Talent Influence with the necessary legal assistance in the said proceedings, including, but not limited to, your participation in these proceedings as the interveners. In the case that claims for reimbursement of damages to the competent court side of Talent Influence and if the procedure and/or procedures, despite the participation of you on the side of Talent Influence, completed and/or resolved in favour of the person who initiated the case against Talent Influence, you will be obliged to compensate the person who initiated the process, and you will be obliged to fully compensate the damage to Talent Influence.
I can include your Content in advertisements for the Services of others (including sponsored content) without your separate consent. However, I have also the right, without compensation to you or others, to serve ads near your content and information.
I may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata).
Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others;
You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the content you have provided to Talent Influence or via the Progressive Web Application that you may have under any applicable law under any legal theory.
By submitting suggestions or other feedback regarding our services to Talent Influence, you agree that Talent Influence can use and share (but does not have to) such feedback for any purpose whatsoever without compensation to you.
You undertake to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also undertake to ensure that your profile information will be truthful.
You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from submission of your content through this Progressive Web Application. Talent Influence assumes no liability for any content or other information you have provided.
IV/ NO WARRANTIES & OTHERS ACKNOWLEDGMENTS
From the moment you make reservation on the Progressive Web Application, we act solely as an intermediary between you and the Talent Influence Spot (Local Company), transmitting the relevant details of the reservation to you, and you initiate a direct legal relation with the Talent Influence Spot, taking all legal consequences and risks from such a relation.
You acknowledge and agree that you are not a volunteer, representatives, partner of Talent Influence and that you are not authorised to represent Talent Influence in any capacity whatsoever. You further acknowledge that Talent Influence is not and does not act as the talent, or representative of yours and is not authorised to act and does not act on behalf of any of the Talent Influence Hosts.
V/ LIMITATION OF LIABILITY
Talent Influence SHALL NOT BE LIABLE FOR ANY direct or INDIRECT, INCIDENTAL, CONSEQUENTIAL losses or damages, LOST PROFIT, BUSINESS or goodwill or any other damages or losses any User or any other person may incur or sustain in connection with: (i) myself of the Progressive Web Application, its content, any personal or other information contained or processed by the Progressive Web Application; (ii) disruption in the use of the Progressive Web Application; (iii) modifications of the Progressive Web Application content; (iv) Offers or any other products or services available through the Progressive Web Application or purchased from Talent Influence Spots or anyone else; (v) THESE T&C; OR (vi) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE PROGRESSIVE WEB APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION.
No Party shall be liable for any action, conduct or liability whatsoever of any member, including (without limitations) for failure of a member , to check-in with the Talent Influence Spot after making a booking, conduct at the venue of the Talent Influence Spot, any abuse in connection with the Progressive Web Application, any damages a member may cause to any other persons, any damages or harm that the member may suffer (in connection with the Progressive Web Application, at the venue of the Talent Influence Spot or otherwise).
You are solely responsible for your interactions with Talent Influence Spots and other users of the Progressive Web Application. You hereby unconditionally and irrevocably waive any claims you may have against Talent Influence in connection with any product or service of Talent Influence Spots, regardless of whether such product or service is an Offer available through the Progressive Web Application, any action or inaction by a Talent Influence Spot, including, without limitation, but not limited to any harm caused to you by a Talent Influence Spots, a Talent Influence Spot's failure to comply with applicable law and/or failure to honour its Offer you have accepted or any other product or service purchased or obtained by you from the Talent Influence Spot.
Any cause of action under or in connection with these T&C or the Progressive Web Application shall be time barred within six months.
You agree to indemnify, defend and hold harmless Talent Influence and any Talent Influence Party from and against all losses, damages, claims or expenses, including, without limitation, attorneys' fees, arising out of or in connection with: (a) any you accepted Offer via the Progressive Web Application, any other offer, product or service you accept from or at Talent Influence Spot; (b) any Member Content submitted or posted by you at the Progressive Web Application; 5(c) any breach by you of these T&C; or (d) your breach of any applicable laws.
2. Force Majeure
Talent Influence shall not be liable for failure to operate the Progressive Web Application or comply with these T&C due to event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Talent Influence.
You may not assign any of your rights in connection with the membership of Talent Influence or use of this Progressive Web Application or otherwise under these T&C, or any rights, benefits or obligations hereunder, by operation of law or otherwise.
Any assignment to the contrary shall be null and void. Talent Influence may assign these any rights towards you T&C, in whole or in part, to any third-party in its sole discretion by modifications of this T&C.
4. Entire Agreement
5. Governing Law
The construction, validity and performance of these T&C and all non-contractual obligations arising from or connected with these T&C shall be governed by the laws of Hong Kong Special Administrative Region of the People's Republic of China (HKSAR).
By using the Talent Influence Progressive Web Application and becoming a Talent Influence member you irrevocably and unconditionally agree that all disputes arising under or in connection with these T&C shall be referred to the competent court in the Hong Kong Special Administrative Region of the People's Republic of China (HKSAR).
You further agree, as a sole exception to the preceding paragraph, that Talent Influence shall have the sole and exclusive right to submit any claims against you under or in connection with these T&C to court of jurisdiction of your residence.
If members have a dispute with venues, the former should address such disputes with the venues directly. Members hereby agree to release Talent Influence from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such dispute.
7. No Waivers
No delay or omission by Talent Influence in exercising any right, power or remedy provided by law or under these T&C or any other documents referred to in it shall affect that right, power or remedy or operate as a waiver of it. The single or partial exercise of any right, power or remedy provided by law or under these T&C shall not preclude any other or further exercise of it or the exercise of any other right, power or remedy.
You agree that I may provide you with notices as follows: (1) by posting a notice in the Progressive Web Application or (2) by an email sent to an address you have provided, you agree to keep your contact information current.
When you use the Progressive Web Application or send emails to Talent Influence, you are communicating with me electronically and consent to receive electronic communications related to your use of the Progressive Web Application. I will communicate with you by email or by posting notices on the Progressive Web Application. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from me will be considered delivered to you and effective when sent to the email address you provide on the Progressive Web Application or from which you otherwise email me.
9. Mobile Services
The Progressive Web Application is accessible via a mobile phone, tablet or other wireless device (collectively, "Mobile Services"). Your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Furthermore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Progressive Web Application and the related Mobile Services must be strictly in accordance with this Agreement.
While I am continually working to develop and evaluate my own product ideas and features, I am proud to pay close attention to the interests, feedback, comments and suggestions I receive from the user community. If you choose to contribute by sending Talent Influence ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visuals, games or other types of content), strategies or product/feature names, or any documentation, artwork, computer code, diagrams or other related materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following conditions will apply, in order to avoid future misunderstandings.
Accordingly, by sending the Feedback to Talent Influence you agree that:
Talent Influence has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason.
Feedback is provided on a non-confidential basis, and Talent Influence is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; You irrevocably grant Talent Influence perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, importing, and promoting products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
12. Termination of the Agreement
I reserve the right to terminate the Agreement at any time without prior notice.
This Agreement, its annexes and the policies herein contained are governed by the internal substantive laws of the Hong Kong Special Administrative Region of the People's Republic of China (HKSAR) without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and courts sitting in Hong Kong. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Talent Influence as a result of this Agreement or use of the Service. You further acknowledge that by submitting personal Information, no confidential, fiduciary, contractually implied or other relationship is created between you and Talent Influence other than pursuant to this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.
Failure of Talent Influence to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement.
No waiver will be effective against Talent Influence unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
Except as expressly agreed by Talent Influence and you, this Agreement constitutes the entire agreement between you and me with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
The section headings are provided merely for convenience and will not be given any legal import. You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without Talent Influence prior express written consent.
This means that in the event you dispose of any device on which you have installed the Progressive Web Application, such as by sale or gift, you are responsible for deleting the Progressive Web Application from your mobile device prior to such disposition. Talent Influence may assign this Agreement, including all its rights hereunder, without restriction.