2. The Talent Games Services
We offer a talent insights platform utilizing artificial intelligence to enable employers to make smarter hiring decisions by strategically attracting and recruiting talent. Our platform provides employers with a unique and holistic profile of candidates including analysis of soft skills assessments and psychometric profiling and predictions of fit to role, and subsequently, fit to team and fit to organization. For applicants and jobseekers, our Platform allows them to upload their resume, share their data, take gamified assessments and receive personalized feedback report identifying individual strengths and development areas to focus on.
Please note that the Platform may change from time to time in response to market requirements and features may change or be added. The Platform may be stopped, suspended or changed without prior notice to you.
In order to access or use certain services and features of the Site, you may be required to create and register a user account (“Account”) on the Site. When creating and registering your Account, you may be asked to enter or confirm certain personal and professional information, including, but not limited to, your name, email address, level of education, degree type, school, graduation year, employment history, and demographic information (individually, “Profile Fields,” and collectively, “Profile Information”). Some Profile Fields will be mandatory and some voluntary. You will also be required to provide a password for your Account.
2.1 Account Registration
When creating and registering an Account, you agree to:
- Be 18 years or older and capable in your country of residence of entering into a legally binding agreement to use the Service.
- Provide true, accurate, current, and complete Profile Information about yourself as prompted by the Site’s registration form;
- Use your real name and email address when entering your Profile Information;
- Choose a strong and secure password;
- Be responsible for the confidentiality and use of your password;
- Not transfer or resell your use of or access to the Site to any third party; and
- Not create more than one Account.
- Not allow anyone to take any tests or surveys for you or through your account.
Please note that any third party with whom you have shared your email and password may receive access to information regarding your Account. The Talent Games is not responsible and disclaims any liability if your email is used improperly or falsely by a third party. If you attempt to enter Profile Information (including an email address) that is not true, accurate, current, or complete, we reserve the right to cancel your registration and terminate your Account, which may affect your eligibility to be assessed by The Talent Games for up to 12 months.
2.2 Playing the Games
After creating and registering your Account, you will be able to play a set of online neuroscience-based games (the “Games”) on the Site. You agree that The Talent Games has the right to collect and retain your Gameplay Data when you play each of the Games. “Gameplay Data” refers to information and data collected from your behavior and actions in the course of playing the Games, including, without limitation, metadata about your real-time user interaction with the Games.
a) Prior to starting the Games, you may be asked to provide or confirm your native language.
b) You shall not assist anyone else in taking any assessment, questionnaire or service made available through the Service, or use the aid of any person or reference, or other aid beyond your own memory and skills, in completing the tests or surveys, unless you are instructed to do so in writing by the test or survey written instructions or by the Employer.
c) In the event you have a disability for which you require accommodations for employment testing under applicable law, it is your responsibility to notify the Employer or individual or organization that has asked you to use the Service and to request such accommodations. In such a situation, you may reach out to us via email: email@example.com
d) You shall not stop a Game halfway through, or purposely end gameplay to repeat a particular Game either through your original Account or through the creation of an additional Account.
e) Responding to certain tests by holding down a response key may cause screen flickering that may cause discomfort or other more serious reactions in individuals with photosensitivity conditions such as epilepsy, so caution is advised. If you have this concern, please notify the Employer and copy us as specified above before taking any tests.
3. Intellectual Property and Infringement
The Company and its licensors and providers (where applicable), own all right, title and interest, including all related intellectual property, proprietary and confidentiality rights, in and to the Platform, including without limitation all content, materials, software, text, compilation of information, databases, images, videos, displays, audio and designs which are protected by applicable intellectual property and other laws.
With written permission from you, we may use your Organization name and logo on our portal and marketing collaterals for the purpose of marketing the Platform and Service. Use of your Organization name and logo in this manner will be revocable by you for any reason, at any time upon prior written notice to us.
We respect the Intellectual Property rights of others and will respond to notices of alleged copyright infringement which comply with applicable laws and processes. We reserve the right to delete or remove content alleged to be infringing and to take action against infringers. All notices of alleged copyright infringement involving the Platform should be directed to firstname.lastname@example.org
4. Your Privacy
Without limiting any of our other rights, we may suspend your access to our Platform or terminate this agreement with immediate effect by giving written notice to you if you materially breach any of the terms of this agreement and fail to remedy such breach within 28 days after we notify you to do so.
Termination of this agreement will not affect your or our rights and remedies that have accrued as at termination. Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
If we do not insist that you perform any of your obligations under this agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
7. Disclaimer of Warranties and Limitation of Liability
You agree that your use of the Platform (including any use or reliance on any information, materials or service available through the Platform and/or Services) is at your sole risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. The Company disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, value and accuracy of data or timeliness.
We do not warrant that the Platform or any third party website or resource is free from viruses other harmful or malicious code. We do not approve or endorse and are not responsible for any material or information provided by third parties on or through the Platform.
Employers and users are solely responsible for all employment and other decisions they may make based on any information or materials available through the Platform. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
You understand that to the fullest extent permitted under applicable law, in no event will the Company (or its officers, employees, directors, parent, subsidiaries, affiliates, agents, representatives, licensors and partners) be liable for any loss of profits, revenue or business or any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of goodwill, use, data or other damages and losses whatsoever arising out of or related to your use of the Platform, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise relating in any way to the Platform or any information or materials on or obtained through the Platform.
In no event shall our total liability to you for any and all damages, losses, costs, expenses and fees exceed the amount you have paid to us.
If any provision of the Terms of Service is judged to be illegal or unenforceable, this will not affect the continuation in full force and effect of the remainder of the provisions.