1. Acceptance of Terms and Conditions
2. User Responsibilities
By consenting to the Agreements, you agree:
2.1 To accurately represent only yourself on the Service, and no other persons, living, dead, or imagined; the Service may only be used by natural persons (i.e., individuals) on their own behalf and not by or on behalf of any commercial entity unless explicitly permitted by Talent Testing Service;
2.2 To provide accurate information to Talent Testing Service and other users of the Service, including, but not limited to information required to register with the Service and information posted in public areas of the Service;
2.3 To not use the Service to:
A. Publish or distribute any false, inaccurate, defamatory, infringing, obscene, indecent or unlawful material or information;
B. Defame, abuse, harass, threaten, stalk or otherwise violate the legal rights of others;
C. Send unsolicited email;
D. Collect or store personal data about other users;
E. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
F. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
G. Upload files (including audio and video files such as MP3) that contain software or other material protected by intellectual property laws (or by rights of privacy) unless you own or control the rights thereto or have received all necessary consents;
H. Delete or modify any author attributions, legal notices or other proprietary designations or labels in any file that is uploaded;
I. Falsify the origin or source of software or other material contained in a file (including audio and video files) that is uploaded;
J. Delete or revise any material posted by any other person or entity;
K. Post any franchise, pyramid scheme, or other business opportunities;
L. Download any file (including audio and video files) that you know, or reasonably should know, cannot be legally distributed via the Service; and
M. Reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose the software, products, or services provided by Talent Testing Service or obtained through the Service without obtaining the express, prior written consent of Talent Testing Service This restriction includes any attempt to incorporate any information from the Service into any other directory, product or service.
2.4 To provide for your own access to the Service, including but not limited to obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges.
4. Third Party Content and Links
The Service may contain content supplied by third parties and links to Internet sites maintained by third parties. Talent Testing Service does not, in any respect, control such content or operate such third-party sites and do not guarantee the availability of any email from or links to third-party sites. Third-party content and links are included solely for the convenience of users, and do not constitute any endorsement by Talent Testing Service Talent Testing Service and your employer are not responsible for the accuracy or reliability of third-party information and you assume sole responsibility for the use of third-party information.
5. Interaction with other Users and User Submissions
5.1 Parts of the Service act as a venue to facilitate communications and dealings between users. Talent Testing Service is not involved in such communications and dealings. As a result, Talent Testing Service has no control over the quality, safety, or legality of the dealings presented or agreed upon. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, and of dealing with people acting under false pretenses. You assume all risk associated with dealing with other users with whom you come in contact through use of the Service.
5.2 Talent Testing Service cannot and does not confirm that each user is who they claim to be. Because Talent Testing Service does not and cannot be involved in user-to-user dealings or control the behavior of users, if you have a dispute with one or more users, you release Talent Testing Service from claims, demands, and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in anyway connected with such disputes.
5.3 As a user, you are responsible for your own communications and are responsible for the consequences of their posting. Talent Testing Service and your employer do not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by other users. You acknowledge that any reliance on material posted by other users will be at your own risk.
5.4 You acknowledge that Talent Testing Service and your employer neither endorses the contents of your communications nor assumes the responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third-party intellectual property rights arising therefrom or any crime facilitated thereby.
5.5 You acknowledge that Talent Testing Service does not pre-screen any content you post on the Service, but that Talent Testing Service and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that violates the Agreements or is otherwise objectionable.
6. Modifications to the Service, the Agreements, and Fees
6.1 Talent Testing Service reserves the right to modify or discontinue the Service at any time without notice to you and Talent Testing Service shall not be liable to you or any third party should Talent Testing Service exercise its right to modify or discontinue the Service.
6.2 Talent Testing Service reserves the right to modify the Agreements at any time. You are responsible for regularly viewing the Agreements. Continued use of the Service following any such changes will constitute your acceptance of such changes.
7. Ownership and Licenses
7.1 All contents of the Service are the property of Talent Testing Service, participating vendors, or advertisers. The compilation (i.e., the collection, arrangement, and assembly) of all content on the Service web site is the exclusive property of Talent Testing Service The web site and contents of the Service may not be copied, distributed, or transmitted in any way without the prior written consent of Talent Testing Service Use of Service contents on any other web site or in a networked computer environment for any purpose is prohibited. You may not modify the content in any way, nor delete any copyright or trademark notice. You may not copy or adapt the HTML code and other software code used by Talent Testing Service to generate the pages of the Service web site.
7.3 By transmitting any messages or content to public or semipublic areas of the Service, you grant to Talent Testing Service a nonexclusive, worldwide, royalty-free, perpetual, irrevocable license to use, distribute, display, and reproduce the messages and content, and to authorize use and reproduction of the messages and content by other Service users in accordance with the terms of this Agreement.
Talent Testing Service may immediately terminate your registration for any reason at any time. Upon termination, you will cease to use the Service. You may terminate your registration by sending contacting email us.
9.1 Any software or files that are made available for download from the Service ("Software") are the copyrighted work of Talent Testing Service and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software ("License Agreement"). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end-user first agrees to the License Agreement terms.
9.2 For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: Talent Testing Service hereby grants to you a personal, nontransferable license to use the Software for viewing and otherwise using the Service in accordance with these terms and conditions, and for no other purpose.
9.3 You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Service or made available through the Service.
10. Disclaimer of Warranties
10.1 TALENT TESTING SERVICE PROVIDES THE SERVICE AND ALL RELATED SOFTWARE AND CONTENT TO YOU "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT; ANY WARRANTY THAT THE SERVICE OPERATES ERROR FREE OR WITHOUT INTERRUPTION; ANY WARRANTY THAT INFORMATION OBTAINED THROUGH THE SERVICE IS ACCURATE OR RELIABLE. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICE REMAINS WITH YOU.
10.2 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
10.3 Talent Testing Service and your employer make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service.
10.4 No advice or information, whether oral or written, obtained by you from Talent Testing Service or through the Service shall create any warranty not expressly made herein.
11. Limitation of Liability
TALENT TESTING SERVICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT, REGARDLESS WHETHER TALENT TESTING SERVICE HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. TALENT TESTING SERVICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OTHERWISE OBTAINED OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, INCLUDING WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, REGARDLESS WHETHER XYLO OR YOUR EMPLOYER HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
You agree to indemnify and hold Talent Testing Service, their affiliates, officers, directors and employees from any and all claims or demands, including the payment of reasonable attorney's fees, arising out of or relating to your use of the Service.
13.1 The Agreements comprise the entire agreement between you and Talent Testing Service and supersedes all prior agreements between the parties regarding the subject matter contained herein. Any waiver of any provision of the Agreements will be effective only if in writing and signed by Talent Testing Service
13.2 If a court of competent jurisdiction finds any provision or portion of the Agreements to be unenforceable, the remaining provisions of the Agreements will continue in full force and effect.
13.3 Any notices to you or Talent Testing Service shall be made via either email or regular mail. Talent Testing Service may also provide notices of changes to the Agreements or any other matter by displaying notices to you generally on the Service.
13.4 You agree to comply with U.S. law regarding the transmission/export of technical data through the use of the Service.
13.5 The Agreements shall be governed by the laws of the State of Florida without giving effect to provisions related to choice of laws or conflict of laws. Venue and jurisdiction of any lawsuit involving this Agreement will exist exclusively in the state and federal courts in Miami-Dade County, Florida.