Last updated: April 29, 2024
When you sign up to become a Service Provider on the Talent-Share platform, you agree to abide by these Service Provider Terms ("Terms"). These Terms cover details about the aspects of the Talent-Share platform relevant to service providers and are incorporated by reference into user agreement, the general terms that govern your use of our Services. Any capitalized terms that aren't defined in these Terms are defined as specified in the Terms of Use.
As a Service Provider, you are contracting directly with Talent-Share, Inc. (a Maryland corporation in the United States), regardless of whether another Talent-Share subsidiary facilitates payments to you.
1) SERVICE PROVIDER OBLIGATIONS
As a Service Provider, you are responsible for all content that you post, including lectures, presentations, classes, training and all related categories mentioned in the categories list, which is ("submitted content").
You represent and warrant that:
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you will provide and maintain accurate account information;
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you own or have the necessary licenses, rights, consents, permissions, and authority to authorize Talent-Share to use your submitted content as specified in these Terms and the Terms of Use;
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your submitted content will not infringe or misappropriate any third party's intellectual property rights;
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you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your submitted content and use of the Services; and
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you will ensure a quality of service that corresponds with the standards of your industry and instruction services in general.
You warrant that you will not:
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post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
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post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
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use the Services for business other than providing tutoring, teaching, and instructional services to service seekers;
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engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
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frame or embed the Services (such as to embed a free version of a program) or otherwise circumvent the Services;
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impersonate another person or gain unauthorized access to another person's account;
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interfere with or otherwise prevent other service providers from providing their services or content; or
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abuse Talent-Share resources, including support services.
2) LICENSE TO TALENT-SHARE
You grant Talent-Share the rights detailed in the user agreement to offer, market, and otherwise exploit your submitted content. This includes the right to add captions or otherwise modify submitted content to ensure accessibility.
Unless otherwise agreed, you have the right to remove all or any portion of your submitted content from the services at any time. Except as otherwise agreed, Talent-Share's right to sublicense the rights in this section will terminate with respect to new users 60 days after the submitted content's removal. However, (1) rights given to service seekers before the submitted content's removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) Talent-Share's right to use such submitted content for marketing purposes shall survive termination.
We may record and use all or any part of your submitted content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant Talent-Share permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your submitted content, or Talent-Share's content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
3. TRUST & SAFETY
3.1 Trust & Safety Policies
You agree to abide by Talent-Share’s code of conduct policy and all other policies by Talent-Share from time to time. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to Talent-Share's approval, which we may grant or deny at our sole discretion.
We reserve the right to remove content, suspend payouts, and/or ban/blacklist/terminate Service Providers for any reason at any time, with or, without prior notice, including in cases where:
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a Service Provider or content does not comply with our policies or legal terms (including the Terms of Use);
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content falls below our quality standards or has a negative impact on the service seeker’s experience;
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a Service Provider engages in behavior that might reflect unfavorably on Talent-Share or bring Talent-Share into public disrepute, contempt, scandal, or ridicule;
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a Service Provider engages the services of a marketer or other business partner who violates Talent-Share's policies;
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a Service Provider uses the Services in a way that constitutes unfair competition, such as promotion of their off-site business in a way that violates Talent-Share's policies; or
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as determined by Talent-Share in its sole discretion.
3.2 Relationship to Other Users
Service Providers don't have a direct contractual relationship with service seekers, so the only information you'll receive about service seekers is what is provided to you through the services. You agree that you will not use the data you receive for any purpose other than providing your services to those service seekers on the Talent-Share platform, and that you won't solicit additional personal data or store service seekers' personal data outside the Talent-Share platform. You agree to indemnify Talent-Share against any claims arising from your use of service seekers' personal data.
3.3 Anti-Piracy Efforts
We partner with anti-piracy vendors to help protect your content from unauthorized use. To enable this protection, you hereby appoint Talent-Share and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your content, through notice and takedown processes (under applicable copyright laws like the Digital Millennium Copyright Act) and for other efforts to enforce those rights. You grant Talent-Share and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.
You agree that Talent-Share and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to piracy@Talent-Share.com with the subject line: "Revoke Anti-Piracy Protection Rights" from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.
3.4 Background checks and Authenticity
Talent-share conducts thorough background checks on service providers before approving them to provide their services. Background checks are mandatory and service provider should provide his/her acceptance. Once the service provider is cleared of the background check, then only his/her account will be allowed to provide services to other users. Service provider should agree and provide his SSN, driver’s license or state ID/Passport copy, work authorization document, consent for background checks, phone number, email id, full name and address. This information will be collected by talent-share and provided to background check agencies who perform the checks. Talent-share can terminate the service provider account if found incorrect, not satisfactory or fake/falsified details or information and service provider should agree for these mandatory terms and conditions.
3.5 TSC Approval of Programs
Service provider should provide services or programs which are approved by talent-share. Talent-share has the final say on what is to be provided and what is not. If TSC finds programs any program violating its rules, the program will be suspended and future programs will be cancelled. Service provider will not be paid for suspended programs and money will be refunded to service seekers for the suspended program.
3.6 Intellectual rights violation:
Service provider should not violate or copy intellectual rights while providing the services. In case of any such activity, service provider’s programs will be terminated effective immediately and money is refunded to service seekers.
3.7 Plagiarism:
Service provider should not perform copy, plagiarism, such activities and should have authentic work shared with service seekers.
3.8 Liability for Talent:
Service provider’s methods, information, all are his own and talent-share has nothing to do with it and any future litigation, the service provider is responsible and talent-share is not part of any such.
3.9 Program facilities issues:
Property damage, accidents, injury or service provider or service seeker, all such are responsibility of service provider. Talent-share is not liable for any such and it is the service provider who should be paying for the same.
3.10 Subcontracting:
Service provider should not be subcontracting his services to any other individual. Service provider may take help of some assistants but the actual service should be performed by the service provider and not his subordinates or assistants or anyone else.
3.11 TSC communications and notifications:
Text/Email notifications will be sent to the users for security, informative and program related, payments, receipts, taxes related. Service provider agrees to receive the texts/emails/phone calls/voice messages as communicated by TSC.
4. PRICING
4.1 Fees and Charges by Service Providers:
The individual enrollment cost for the given program is decided by the Service provider. Service provider decides on how much he/she wants to charge for the program. Accordingly, Service Seeker pays for the chosen program, for the program conducted by Service Provider. Service seeker may pay additional fees in case there is a facility in use, equipment in use, which is needed for the program. Sometimes the additional fees may be part of the program fees, if service provider includes the price in the program. Otherwise, the service seeker should be paying for the utilization of the facility and equipment, directly to the facility owners/administrators. The amount of fees charged by the facility administrator depends on the facility owners and not controlled by TSC or service provider. TSC charges a percentage (18%) of program fees paid by the service seeker as platform charges and processing fees. This is the revenue model for the TSC. The service provider should plan and take these charges into consideration before deciding program fees. The service provider’s earnings are available in TSC portal after the successful completion of the given program. The service provider’s earnings will be paid bi-weekly on a designated week of the day, for the programs he/she completes successfully. The enrollment of service seeker to a given program, will be confirmed only after paying the complete fees and after successful processing of credit card. Program fees are not refundable in normal circumstances once the program commences.
4.2 Transaction Taxes
If a service seeker purchases a service in a country that requires Talent-Share to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes ("Transaction Taxes"), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may increase the program price at our discretion where we determine that such taxes may be due. For purchases through mobile applications, applicable Transaction Taxes are collected by the mobile platform (such as Apple's App Store or Google Play).
4.3 Promotional Programs
Service provider may offer promotional programs with no charges to service seekers. In such cases, service provider to mention the program charge as zero dollars. In case the program uses a service facility, then service provider may collect the fees for the facility utilization by service seekers to pay to the facility administrators or ask the service seekers to pay to the facility administrators by themselves. It is up to the service provider to decide how he/she wants to do it.
4.4 Program cancellation by Service Provider
If the service provider cancels the program, for his/her own reasons, service provider should be refunding the program fees back to the service seekers. If there is any facility in use, or paid any advance for the facility in use, the service provider is not responsible for its charges. Service providers refund only their portion of the service charges that he/she collects. In case of any facility in use, the service seekers can approach and ask the facility administrators for refund. The facility may or may not refund the facility fees to service seekers, and that is based on the facilities administrator’s policy, and it is not service providers responsibility. Service provider is responsible for only his/her portion of the fees.
4.5 Service provider program is violating talent-share rules
At any point of time, the content that is provided by service provider should not violate talent-share rules. The service provider should not be providing services which violate national integrity, or safety or any of the rules mentioned in the user agreement. In such cases talent-share will terminate the program immediately and suspend the service provider and refund the fees to service seekers of that program. Also, talent-share will perform a thorough review of the program and will take needed actions, including termination of service provider and black list the user for his/her lifetime.
5. PAYMENTS
5.1 Service provider Coupons and Program Referral Links
The Talent-Share platform allows service providers to generate coupon codes for their programs to service seekers at a discount, at Talent-Share's current price, or for free, as permitted within the Services. These coupon codes are subject to limits, and you may not sell them on third-party websites or otherwise offer them in exchange for compensation.
Where a service seeker applies your coupon code or referral link at checkout, your revenue share will be by the amount of discount or coupon value of the Net Amount less any applicable deductions, such as service seeker refunds.
5.3 Receiving Payments
For us to pay you in a timely manner, you must own a U.S. bank account in good standing and must keep us informed of the correct email associated with your account. You must also provide any identifying information or tax documentation necessary for payment of amounts due, and you agree that we have the right to withhold appropriate taxes from your payments. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.
Service providers payment will be made in bi-weekly model, where payment is made every alternate Friday. Payment will be made for any program(s) that are completed in the given two weeks will be paid to the service provider after deducting talent-share’s service charges and any other deductions, as applicable. These details will be provided clearly to the service provider in a bi-weekly earnings statement.
As a Service Provider, you are responsible for determining whether you are eligible to be paid by a U.S. company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.
If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.
5.4 Refunds to service seekers for programs cancelled by service providers
You acknowledge and agree that service seekers have the right to receive a refund for any program that has been cancelled by service provider or cancelled by service seeker in the given duration, as detailed in the user agreement. Service providers will not receive any revenue from transactions for which a refund has been granted.
6. TRADEMARKS
While you are a published service provider and subject to the requirements below, you may use our trademarks where we authorize you to do so.
You must:
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only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish;
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only use our trademarks in connection with the promotion and sale of your submitted content available on Talent-Share or your participation on Talent-Share; and
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immediately comply if we request that you discontinue use.
You must not:
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use our trademarks in a misleading or disparaging way;
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use our trademarks in a way that implies that we endorse, sponsor, or approve of your submitted content or services; or
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use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.
7. DELETING YOUR ACCOUNT
Service provider should email to support@talent-share.com indicating that you want to delete or close the account, if you wish to. Service provider account will be marked for deletion by the talent-share team. To do this, service provider has to cancel any upcoming programs and complete the current programs that you are providing to service seekers. There should not be any programs running and account cannot be deleted while there are on-going programs. Once service provider is without any programs, your account reconciliation will be done and you will be paid any pending balance from talent-share team and details will be emailed to you and then your account will be deleted from talent-share portal. You will get a 1099 tax document the next year for the earnings that you made this year. The 1099 tax document will be mailed to your address as well as emailed to your email account. You cannot login to talent-share portal after your account is deleted or closed. You need to create a new account if you wish to rejoin the portal again.
8. MISCELLANEOUS LEGAL TERMS
8.1 Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Talent-Share reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
8.2 Translations
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
8.3 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
8.4 Survival
The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to Talent-Share), 3.3 (Relationship to Other Users), 5.3 (Receiving Payments), 5.4 (Refunds), 7 (Deleting Your Account), and 8 (Miscellaneous Legal Terms).
9. HOW TO CONTACT US
The best way to get in touch with us is to contact our support team. Email to support@talent-share.com and we love to hear your questions, concerns, and feedback about our Services.