Terms of Use

Effective February 27, 2023 Notice Version 1.0

These Terms and Conditions (hereinafter the “Terms”) are entered into by and between You and United Talent Agency, LLC and its Affiliates (“Company”, “we” or “us”). The following Terms together with any documents they expressly incorporate by reference govern your access to and use of www.unitedtalent.com, www.utaspeakers.com, www.thedigitalbrandarchitects.com, www.mediahound.com, www.medialink.com, www.siberia.io, www.utaartistspace.com, and www.uta.vc, including any content, functionality and services offered on or through the Website (“Website”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE AS THEY ARE BINDING ON YOU. BY USING THE WEBSITE, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY'S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS OR IF YOU DO NOT HAVE AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF A COMPANY, YOU MAY NOT ACCESS OR USE THE WEBSITE.

The Website and Company's services are offered and available to users who are at least 13 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms

We may make changes to these Terms at any time at our sole discretion. Such changes may be done with or without notice. Any such changes will become binding on you upon your first use of the Website after the changes have been implemented. You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of these Terms and any previous versions, the provisions current and in effect shall prevail unless it is expressly stated otherwise.

Accessing the Website

Access to the Website is provided free of charge. It is your responsibility to make any and all arrangements necessary in order to access the Website. Access to the Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Website, or any part of it at any time without notice. We will not be liable to you in any way if the Website or any part of it is unavailable at any time and for any period.

Intellectual Property Rights

You expressly acknowledge and agree that any and all Intellectual Property Rights associated with the Website and its Content (including, but without limitation to all art, design, text, graphics, user interfaces, “look and feel”, photos, audio, video, complication of the content, code and data, computer code and all other forms of information or data), as between you and the Company, are our property, and that of our affiliates or are licensed for our use, unless otherwise is expressly set forth in these Terms.

The Content is protected by Intellectual Property Rights and other laws available in the United States of America and other countries. Elements of the Website are also protected by unfair competition, and other laws and may not be copied or imitated in whole or in part.

All customized graphics, icons, and other items that appear on the Website are trademarks, service marks or trade name ("Marks") of the Company, its affiliates or other entities that have granted us the right and license to use such Marks and may not be used or interfered with in any manner without our express written consent.

Except as otherwise expressly authorized by these Terms, or without our prior written permission, you are not allowed to reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner reuse the Content. Except as expressly provided herein, we do not grant to you any express or implied rights to our Intellectual Property Rights or that of any third party.

Prohibited Uses

You acknowledge and expressly agree that you are responsible for your own conduct while using the Website, and for any consequences thereof. You agree to use the Website only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. You acknowledge and expressly agree that you, you shall not, and shall not allow any third party to:

(i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, and fraudulent content; (ii) distribute software viruses, worms, Trojan horses, corrupted files, or any other malware or any other items of a destructive or deceptive nature; (iii) upload, post, transmit or otherwise make available through the Website any content that infringes the intellectual proprietary rights of others; (iv) use the Website to violate the legal rights of others; (v) engage in, promote, or encourage illegal activity, including, without limiting to, money laundering; (vi) interfere with other users' enjoyment of the Website; (vii) exploit the Website for any unauthorized commercial purpose; (viii) copy, alter, translate, modify, create derivative works from, reproduce, resell, reverse assemble, reverse engineer, reverse compile any portion of the Website; (ix) remove any copyright, trademark or other proprietary rights notices contained in or on the Website; (x) reformat or “frame” or “mirror” any portion of the Website; (xi) use any robot, spider, Website search/retrieval application, or other device to retrieve or index any portion of the Website or the content posted on the thereof, or to collect information about its users for any unauthorized purpose; and (xii) access or use the Website for the purpose of creating a product or service that is competitive with any of our products or services.

If you engage in any of the activities prohibited by this section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend your use of the Website.

Information Purposes

All information displayed on the Website is provided for informational purposes only and is not intended to provide and shall not constitute professional advice of any nature. Neither we nor our third-party providers are not responsible for any errors, incompleteness, inaccuracies, delays or actions taken depending on the information contained therein. Before making any decisions based on any information or other Content on the Website, you alone are responsible for evaluating the merits and risks associated with utilizing such information.

Changes to the Website

We may update the Content on this Website from time to time, but its Content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Privacy Policy

Your access to the Website is also conditioned upon your acceptance of our Privacy Policy which is incorporated to these Terms by this reference and make up an integral part of these Terms. Our Privacy Policy sets out our data collection and processing practices and principles. We recommend that you read our Privacy Policy and make sure you understand them before accepting these Terms.

Linking to the Website

You may link to the Website (or to any page of the Website) provided that: (i) you do so in a fair and legal way; (ii) you do not do so in a way that suggests any form of association, endorsement, or approval on our part where none exists; (iii) you do not use any logos or trademarks displayed on the Website without our express written permission; and (iv) you do not do so in a way that is intended to damage our reputation or to take unfair advantage of it.

Framing or embedding of the Website on other websites requires our express written permission. Please contact us at unitedtalent.com or further information.

You may not link to the Website from any other Website where that Website's main content (i.e. the Website's primary purpose and content, not comments or similar from other users) contains material that:

(i) is sexually explicit; (ii) is obscene, deliberately offensive, hateful, or otherwise inflammatory; (iii) promotes violence; (iv) promotes or assists in any form of unlawful activity; (v) discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age; (vi) is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; (vii) is calculated or is otherwise likely to deceive another person; (viii) is intended or is otherwise likely to infringe (or to threaten to infringe) another person's privacy; (ix) misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition); (x) implies any form of affiliation with us where none exists; (xi) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or (xii) is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

Links from the Website

The Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content or services available on or through any such websites or services. We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Disclaimer of Warranties

The Website is provided on an “as is” and “as available” basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law: specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the Website, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.

Limitation on Liability

To the fullest extent permissible by law, we accept no liability to any user of the Website for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any Content included on the Website.

To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees, whether express or implied, that may apply to the Website, or any Content included on the Website. We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. However, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website, or any other Website referred to on the Website.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these Terms excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

Indemnification

You agree to indemnify and hold us and any of our founders, officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Website, (ii) your violation of these Terms, or (iii) your violation of applicable laws or regulations. We retain the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

User Submissions

You may choose to submit comments, bug reports, ideas or other feedback about the Website, including without limitation about how to improve the Website (collectively, “Feedback”). By sending any Feedback, you agree that we are free to use and distribute such Feedback to third parties at our discretion and without any compensation to you, whether on a non-confidential basis or otherwise. You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

Reliance on Third Parties

In order to deliver the Website to you we rely on certain third-party service providers, including but not limited to our web hosting service provider. We have no control on these service providers. Any system failure, technical error or any other negative event may affect the delivery of the Website to you. We shall not be liable or responsible for any negative events that hinder your enjoyment of our Website due to fault or negligence of our service providers.

Disputes; Mandatory Arbitration and Class Action Waiver

These Terms, any access to or use of the Website will be governed by the laws of the California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.

Any cause of action or claim you may have relating to these Terms must be commenced within 1 year after the cause of action accrues; Otherwise, such cause of action or claim is permanently barred.

The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this section.

You expressly give up your right to participate in a class action or other class proceeding.

Nothing in this clause affects a party's right to obtain interlocutory relief or to commence legal proceedings.

Miscellaneous

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ours to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

The provisions of these Terms are independent of one another. In case any provision of the Terms is found by a competent court or authority to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

These Terms, including any rules or policies incorporated by reference into them, are the whole agreement between you and us concerning the Website. We exercise all reasonable skill and care to ensure that our Website is secure and free from viruses and other malware. Please note, it is your responsibility to protect your hardware, software, data, and other material from viruses, malware, and other Internet security risks.

It is strictly prohibited to use or contact the Website to disrupt or damage the Website, its contents or its security measures or to harass or disparage the Company, its affiliates, or its clients or their respective products, services or personnel. No unsolicited email (spam) may be directed to or through the Website.

The Company operates exclusively by referral and does not accept unsolicited material or solicitations of any kind. Any such materials received will be returned or destroyed at the agency's discretion.

Comments and Concerns

This website is operated by United Talent Agency, LLC: If you have questions, feedback, or requests about our Terms, please use the following contact information:Privacy@unitedtalent.com