This Agreement describes the terms and conditions applicable to your use of our services available under the domain and any sub-domains of www.TalentProvider.com. Do not use or access our services if you do not agree to be bound by the terms and conditions of this Agreement.
We strongly recommend that, after you read this User Agreement, you also access and read other pertinent pages of the TalentProvider.com website, as they may contain further terms and conditions that apply to you as a TPN user.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site.
TPN provides the website and venue known as TalentProvider.com. TalentProvider.com helps talent buyers, agents, and consumers find the right entertainment for their venue, cruise ship, or event. It is a website used by consumers to search and hire entertainment services such as singers, variety acts, live bands, DJs, musicians, ensembles, dancers, magicians, comedians, speakers, and other performers and/or artists. TPN combines the personal touch of a broker with the efficiency of the Internet. TalentProvider.com is a website that allows buying and selling of services.
TPN provides direct services which help users book their transactions. However, as is the case with websites or venues of this kind, TPN has limited control over the quality, safety or legality of the services advertised. In the unlikely event there is a dispute, we require TPN users to comply with our resolution process.
Users are categorized into entertainers, talent buyers, and agents. Some users may fall into one or more categories.
Correcting Mistakes in Payments to Entertainers and Talent Buyers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous transaction.
We do not control the information provided by other members and users that is made available through our system. You may find other members and users' Information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safe practices when buying, selling, booking, and communicating through the website. Also, please be aware that there are additional risks of dealing with underage persons or people who could be acting under false pretenses. There may additional risks when dealing with international trade and foreign nationals. By using this website, you agree to accept such risks and TPN is not responsible for the acts or omissions of usersinformation on the website.
Without limiting any other remedies, TPN may, but is not obligated to, suspend or terminate your account and/or membership if we suspect that you (by conviction, settlement, investigation, or otherwise) have engaged in fraudulent activity, misrepresentation, or falsehoods in connection with the website.
Except as expressly provided in this Agreement, to the maximum extent permitted under applicable law, any sample documents provided or generated by TPN (which we call "Sample Documents’ in this Agreement are provided “as is” without any kind of warranty. You accept full responsibility for determining whether any Sample Document is suitable for any particular purpose and for protecting yourself against any possible damages.
Except as expressly provided In this Agreement, we are not responsible for any loss, injury, claim, liability, damage, or damage related to your use of Sample Documents, or for inaccessibility of Sample Documents whether from errors or omissions in the content of Sample Documents or any other linked sites or for any other reason. Use of Sample Documents Is at your own risk.
TPN does not represent or warrant that Sample Documents, its server or any linked sites are free of any harmful materials.
You may not take any actions that may undermine the integrity of the TPN review system. We may limit the number of reviews you may place on the website based upon the level of your reviews.
You are not permitted to engage in the practice of libel, slander, foul language, threats and/or threatening language. TPN has the right to remove or edit your reviews. TPN also has the right not to edit or remove your reviews.
All reviews will be published live on the TalentProvider.com website at the discretion of TPN. Reviews are not to be used in order to threaten, harass, blackmail, or extort money, goods/services from any other user. If TPN concludes that a review has been used by a user to threaten, harass, blackmail, or extort money, goods and/or services, TPN shall have the right, but not the obligation, to temporarily suspend or permanently remove said user’s TPN membership from the TalentProvider.com website. TPN shall also have the right, but not the obligation to prevent users from utilizing the TalentProvider.com website to contact other users and book live entertainment through the TalentProvider.com website.
An entertainer may not cancel on a talent buyer because he/she/it is afraid of receiving a less than perfect or negative review after the event has taken place. If and entertainer receives an overall net review rating of 1 (one), TPN shall have the right, but not the obligation, to suspend that entertainer’s membership.
Review Export & Import.
You acknowledge that your reviews consist of comments left by other members and users and a composite review number compiled by TPN, and that the composite number without the comments does not convey your full user profile. Because review ratings are not designed for any purpose other than for facilitating booking between TPN members and users, you agree that you shall not market or export your TPN review rating in any venue other than a TPN operated website. We do not provide you the technical ability to import reviews from other (non-TPN operated) websites to TalentProvider.com because a composite number, without the corresponding review, does not reflect your true online reputation within the TPN community of members and users.
Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TPN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF TPN OR A TPN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In the event that you have a dispute with one or more TPN members or users, you release TPN (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, employees, successors, heirs, and/or assigns, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of live entertainment services and other related items.
You and TPN are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Unless explicitly stated otherwise, notices shall be sent by postage prepaid, first class, certified mail, United States Postal Service, and addressed to Talent Provider Network, Inc., Attn: Legal Department, 5501 Independence Pkwy, Suite 101, Plano, TX 75023. Copies may also be sent to TPN via [email protected], but such email notice shall not be deemed given in lieu of certified mail. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TPN during the registration process or in email form to the email address provided to us during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing and twenty-four (24) hours after the email is sent.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by TPN to collect our fees and/or recover damages for, or obtain an injunction relating to, the TalentProvider.com site operations. Intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Dallas, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or TPN may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas, Texas, necessary to protect the rights or property of you or TPN pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
TPN has the explicit right, but not the obligation, to suspend and/or remove any TPN member from the TalentProvider.com website at any time at its sole discretion. Without limiting the previous sentence, TPN has the explicit right, but not the obligation, to suspend and/or remove any TPN member from the TalentProvider.com website at any time for any breach or suspected breach of the terms of this Agreement.
General Rules of Conduct
You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, "post”) on the website, or transmit to other members or users.
You will not post on the website, transmit to other members or users, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide Instructional Information about illegal activities such as making or buying illegal weapons, violating someone else's right to privacy or providing or creating computer viruses.
You will not communicate your email address or telephone number within any communication between you and the talent buyer or agent in any manner within our website.
You will use the website in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the website is void where prohibited.
You will not provide inaccurate, misleading or false information to TPN or to any other member. If information provided to TPN, or another member or user, subsequently becomes inaccurate, misleading or false, you will promptly notify TPN of such change.
You will not engage in advertising to, or solicitation of, other members or users to buy or sell any products or services other than live entertainment services through the website. You will not transmit any chain letters or junk e-mail to other members or users.
You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce In any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will promptly report to TPN any violation of the terms of this Agreement by other members or users.
TPN reserves the right to monitor the materials posted in the public areas of the website. TPN shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of TPN, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE WEBSITE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-mails sent between you and other members or users that are not readily accessible to the general public will be treated as private by TPN to the extent permitted by applicable law.
Not Responding To Client Leads.
TPN has the explicit right to temporarily suspend or terminate the membership of any TPN member who fails to reply to three or more consecutive offers from talent buyers within 72 hours of receiving said offer.
TPN has the explicit right to temporarily suspend or permanently de-activate the membership of any TPN member who falsifies bookings and/or client information. Falsifying bookings with an attempt to deceive TPN users by artificially inflating ratings and booking totals is not permitted.
No-Shows, Cancellations, & Client Deposit/Balance Payment Returns.
TPN has the explicit right to temporarily suspend or permanently de-activate the membership of any TPN member who has been a "no-show" for more than one TPN booking. TPN has the explicit right to temporarily suspend or permanently de-activate the membership of any TPN member who cancels (for any reason) a booking on a TPN buyer.
Posting of Contact Information.
TPN has the explicit right to temporarily suspend or permanently de-activate the membership of any TPN member who posts contact information on said member's TalentProvider.com profile. This contact information includes website URL links and addresses, email links and addresses, and telephone numbers. Contact information may not be posted in profile photos, profile text, and profile audio/video samples. Capital letters may not be used when not appropriate in profile group names and profile descriptions.
Derogatory Comments & Slander.
Derogatory and/or slanderous comments made by TPN members about other TPN members and/or other non-TPN members are not permitted. Derogatory and/or slanderous comments made by TPN members about other implied TPN members and/or other implied non-TPN members are not permitted.
Farming of Buyer Leads.
The act of “farming” out buyer leads is not permitted. TPN defines “farming” out of buyer leads as "to give up to another on condition of receiving in return a fixed sum", meaning - TPN entertainers are strictly prohibited from taking buyer leads provided to them and transferring these buyer leads to non-TPN entertainers. A buyer lead is only to be utilized by the TPN entertainer who received said buyer lead from TPN. If TPN discovers that a particular TPN entertainer is farming out buyer leads, TPN reserves the right to temporarily suspend or permanently remove said TPN member from the TPN website and to terminate said TPN entertainer's membership.
Member Profile Photos, Audio, and Video.
TPN is committed to providing our members and users with a secure, comfortable environment. Nude, obscene, sexual behavior, sexual or other photos, audio samples, or video samples are subject to potential removal. If the material would be considered unacceptable or offensive in a family-friendly environment and/or not permitted on censored-network television, your photo, audio sample or video sample will not be permitted on TPN. TPN reserves the right to crop or reject any photo at our discretion. TPN reserves the right to reject any audio or video sample at our discretion.
Memberships Which Dissolve Due to Breakups or Other Extenuating Circumstances.
If a TPN member entertainer (“entertainer” can be either a solo act (with an agent listed as the contact person on the solo act's account), duo, trio, quartet, quintet, ensemble or full band) breaks up, TPN reserves the right to keep active, transfer, or terminate said membership at the discretion of what TPN deems ("reasonable man") appropriate, unless outside legal counsel or court of law dictates to the contrary. TPN also reserves the right to keep active, transfer, or terminate previous client reviews attached to any TPN member entertainer profile at the discretion of what TPN deems ("reasonable man") appropriate, unless outside legal counsel or court of law dictates to the contrary. General rules of thumb: In the event of a duo breakup, both members of the duo will typically need to re-register for brand new TPN memberships in order to remain with TPN In the event of a breakup Involving larger groups (trio, quartet, quintet, ensemble or full band), majorities rule. For example, if a five person band breaks up, and four of the five members remain together, TPN will typically give these four members the right to hold onto the original TPN membership and/or previous buyer reviews.
If Your Event is in 7 Day or Less
If a gig or booking is confirmed by both the talent buyer and entertainer within 7 days of the scheduled event, the talent buyer has (but not exceeding) 24 hours to make full payment including the 5% booking fee. Failure to do so will result in the gig being cancelled within our system. Our system works on a logistic algorithm. If a gig or booking is within 7 days and is not confirmed and paid for in advance, the entertainer can continue to find other work.
If Your Event is more than Days Out
If a gig or booking is confirmed by both the talent buyer and entertainer and the gig or event is more than 7 days out, the talent buyer has up to (but not exceeding) 48 hours to make a deposit or full payment -including the 5% booking fee. Failure to do so will result in the gig being cancelled in our system.
When Will I Be Paid?
All money is deposited into an escrow account until the entertainer completes the gig. Upon completion, the money is redistributed into their banking or PayPal account within 3 business days.
If an entertainer/act is being represented by an agent, the agent will receive agreed upon commissions within 3 Business days of the performance by said entertainer.
Talent Buyer Cancellation More Than 7 Days Prior to the Event.
If a talent buyer pays 100% of the deposit and event cost in advance, but cancels the event 7 days prior to the event date, he gets all monies back less the 30% deposit and 5% booking fee. 7 days prior to the event date, the talent buyer will be sent a notice to remind them of the remaining balance due. 5 days prior to the event date, the talent buyer will be a second notice to remind them of the remaining balance due. 72 hours prior to event date the event is considered canceled and the talent buyer will receive no money back.
Talent Buyer Cancellation within 7 Days of the Event.
If a talent buyer cancels within 7 days of the event date, the talent buyer forfeits all monies. If the talent buyer only pays the 30% deposit and 5% booking fee but does not pay the remaining balance within those 7 days, the event is canceled and all monies are forfeit.
Entertainer Cancellation More Than 7 Days Prior to the Event.
If an entertainer cancels the event more than 7 days prior to the event date, the entertainer is charged a $175 cancellation fee. The fee will be automatically charged to the payment account that the entertainer provided at the time of registration. If the entertainer cancels within 14 days prior to the event date, the entertainer will also have a strike applied to their membership. If an entertainer cancels more than 14 days prior to the event date, a strike will not be applied to their membership. Once a member has three strikes, they are blacklisted from being a member of our website.
Entertainer Cancellation within 7 Days of the Event.
If an entertainer cancels the event within 7 days of the event date, the entertainer is charged a $350 cancellation fee. The fee will be automatically charged to the payment account that the entertainer provided at the time of registration. The entertainer also has a strike applied to their membership. Once a member has three strikes, they are blacklisted from being a member of our website.
If an entertainer does not show up to a scheduled event, TPN reserves the right to issue a strike against the entertainer. The entertainer will be charged a $500 no-show fee. The fee will be automatically charged to the payment account that the entertainer provided at the time of registration. The entertainer faces possible suspension or termination of their membership. This is to be done on a case-by-case basis.
Buyer Refunds Due to Entertainer Cancellation.
Talent buyer pays 30% deposit and 5% booking fee to TPN. Talent buyer does not get this back unless the entertainer cancels the event on the talent buyer. If so, the talent buyer receives all monies back that was paid to TPN. At that point, TPN processes a $175 or $350 cancellation fee due from the entertainer and payable to TPN. Talent buyer does not receive the cancellation fee.
Bookings Which Take Place within 14 Days of the Event Date and Entertainer Cancels Within 24 Hours.
TPN will cancel the booking, refund the booking fee, and assist the buyer find a replacement entertainer.
Bookings Which Take Place within 7 Days of the Event Date and Entertainer Cancels After 24 Hours Have Passed.
TPN will refund the booking fee or any fees that you have paid to TPN including the 5% booking fee. TPN reserves the right to issue the entertainer a "no show" penalty, TPN reserves the right to issue the entertainer Strike One, and the entertainer faces possible suspension or termination of membership. Buyer may post a review. TPN will assist the buyer to find a replacement entertainer.
Three Strike Rule.
If TPN has warned any TPN member one time about any membership violations in this User Agreement, said member will be issued Strike One. If said member violates anything contained within the TPN User Agreement a second time, TPN will issue said member Strike Two. If said member violates anything contained within the TPN User Agreement a third time, TPN will issue said member Strike Three and shall permanently ban said member from TalentProvider.com and their membership will be terminated effective immediately. TPN also has the explicit right to remove any TPN member at any time as circumstances warrant.
There is no charge to utilize the TalentProvider.com website to search and contact TPN entertainers. If you hire a TPN entertainer for your event, we charge a 5% booking fee. The fee is only due if the TPN entertainer performs at your event. If the entertainer does not perform at your event, the fee will be refunded to you. Booking fee refund requests must be filed with TPN no later than 30 days after the event date in order for you to receive a booking fee refund.
Online Payment Guarantee.
In order to be eligible to receive a full deposit or payment refund, the following criteria must be met:
Automatic Membership Renewal (Auto-Renew).
TPN memberships that are set for auto-renewal are covered by a seven (7) day, 100% money-back guarantee, whereby if you elect to cancel your membership within 7 days of your newly renewed membership date, you will be refunded the full amount paid for the renewal membership. Refunds can take three to five business days to process.
How to Cancel Membership or Disable Automatic Membership Renewal.
You may cancel your membership or disable automatic membership by contacting TPN at 1-972-985-4555 or [email protected] If you cancel your membership within 7 days of the initial membership date or within 7 days of your newly renewed membership date, your cancellation will be effective immediately and you will receive a 100% refund. Refunds can take three to five business days to process.
Money Back Guarantee Memberships.
All TPN memberships are covered by a seven (7) day, 100% money-back guarantee. If you choose to cancel your membership within 7 days of your initial membership registration date or within 7 days of your newly renewed membership date, you will be refunded the full amount paid for membership. Refunds can take three to five business days to process.