Terms and Conditions

 

All ReservoirT.com site users, whether Talents or visitors, must carefully read, understand and accept the Reservoir T website Terms and Conditions (“Terms and Conditions”).

By clicking on the “I read and accept the Terms and Conditions” button when registering, Talents agree to be bound by the terms and conditions of this agreement with Reservoir T.

Visitors acknowledge that using the Reservoir T site constitutes acceptance of the Terms and Conditions. Visitors who do not wish to comply with the provisions set out in these Terms and Conditions are asked to cease using the site.

Reservoir T strongly recommends that Talents and visitors print out a copy of these Terms and Conditions for reference.

  1. Preamble
  2. Definitions
  3. ReservoirT.com's Obligations
  4. General Obligations of Talents
  5. Rights and Intellectual Property
  6. Protection of Personal Information
  7. Advertising and Sponsors
  8. General Provisions

 

1. Preamble

 

Reservoir T is a social network that facilitates the creation of professional portfolios in the following creative fields: Film/Video, Video Game, Print, Music, Photography, Performing Arts/Event, and Web (“Arts and Multimedia Sector”). Reservoir T is specifically intended for:

 

a) Artists (independent or not), students, associations and corporations working in the Arts and Multimedia Sector and wishing to promote their skills by publishing their creations on Reservoir T’s website;

b) Corporations, associations or individuals searching for new Talents in the Arts and Multimedia sector;

c) Anyone with a special interest in the Arts and Multimedia Sector who wishes only to view new Creations published on the Reservoir T website by their creators.

 

Reservoir T has two types of users: visitors and Talents. These two user types have different privileges within the system, as described in Article 2.

 

2. Definitions

 

A. Talent

An individual or a corporation, an association, a school or any other group of individuals choosing to register free of charge on Reservoir T. Talents are authorized to create their own personalized portfolio by publishing Creations to which they have contributed on the Reservoir T website. Reservoir T encourages Talents who publish Creations to give credit to all contributors. Doing so automatically generates a personal email to each of these contributors, inviting them to join Reservoir T as Talents. The name and role of every credited contributor appear in the Credits listed on the corresponding Creation Page.

As well, Talents registered with Reservoir T are authorized to post comments about Creations published by other registered members of the Reservoir T Community.

 

B. Profile

Document containing the personal information provided by a Talent upon registration with Reservoir T. This information is required to ensure Talent follow-up and to authorize the Talent’s use of the site. Some of the personal information required, such as the Talent’s first name, last name and working location will be accessible to the public via the Talent’s profile. For security reasons, the Talent must also provide his/her email address and date of birth (see our Privacy Policy). This latter information will not be accessible to the public and will not appear in the Talent’s profile.

 

C. Administrator

An Administrator is a Talent who takes responsibility for publishing a Creation on Reservoir T and listing the names and roles of all contributors associated with the Creation. Only the Administrator can modify a Creation or delete it from the Reservoir T website. The Administrator can transfer these administrating rights to another Talent. A Talent who wishes to assume the administration of a Creation must first submit a request to do so to the current Administrator; a button is available for this purpose on the Creation Page. The current Administrator will receive the request by email and be at liberty to accept or reject it.

 

D. Visitor

Visitors are not Talents and they do not have the same privileges as Talents. Their access is restricted to certain information only and they are never required to provide any information whatsoever about themselves. Visitors cannot post comments about Creations. If they wish, visitors may at any time register as Talents on the Reservoir T website, without necessarily being required to publish Creations.

 

E. Rights and Privileges

A Talent who registers with Reservoir T and creates a profile on the Reservoir T website shall have the following rights and privileges:

 

- Right to create a profile and publish Creations to which the Talent has contributed and for which the Talent holds publication rights.

- Right to list the name and role of all contributors associated with a given Creation and to invite them to create a profile on Reservoir T and thereby become members of the Reservoir T Community.

- Right to post comments in the corresponding section on a Creation Page.

- If a Talent wishes, he/she may pay the predetermined fee to showcase a Creation in the “Featured” section on the Reservoir T homepage (see our Advertising section for details).

Visitors to the Reservoir T website shall have the following rights and privileges:

- Access to all content published on Reservoir T.

- Access to all Creations published by Talents and to information related to these Creations (title, field, description, administrator, association and credits).

- Access to all information made publicly available by Talents.

 

F. Portfolio

All public and non-confidential Creations published in a profile by a Talent. The Talent must hold the necessary rights in order to publish a Creation on the Reservoir T website (see Article 5, “Rights and Intellectual Property”). Before publishing a Creation on the Reservoir T website, the Talent is required to confirm that he or she holds the necessary publication rights.

 

G. Creation

An original creation or artistic work that is published in a Talent’s portfolio on the Reservoir T website and that meets all required criteria (see Required Criteria for Creations). A creation must be a finished product in one or several of the following seven fields: Film/Video, Video Game, Print, Music, Photography, Performing Arts/Event, and Web. A creation may be the work of a single individual or the result of the collective work of several contributors.

 

H. Creation Page

A page presenting information about a Creation, including its title, description, and Credits, as well as any associated visuals. This page is accessible to all visitors and Talents, who can also access the profiles of credited Talents by clicking on their names.

 

I. Featured Creations

Talents who wish to showcase a Creation in the "Featured Program" section of the Reservoir T homepage can do so for a predetermined fee. Reservoir T offers this service as a means to make Creations more visible to Talents and visitors browsing the website. Visit our Advertising section for details.

 

J. Featured Talent

Talents who wish to showcase their profile in the "Featured Talent" section of the Reservoir T homepage can do so for a predetermined fee. Reservoir T offers this service as a means to make Talents more visible to other Talents and visitors browsing the website. Visit our Advertising section for details.

 

K. Giving Credits

The Administrator of a Creation is required to list all contributors in the corresponding section. To add credits, the Administrator enters the first name, last name and role of each contributor. This information then appears in the Credits presented on the Creation Page.

 

L. General Role and Specific Role  

A contributor’s role in a Creation published by an Administrator on Reservoir T. An Administrator can enter a contributor’s general role (e.g., directing) and specific role (e.g., assistant).

 

M. Publishing a Creation

The act of making a Creation public by adding it to one’s portfolio. When a Talent publishes a Creation, it becomes accessible to all Talents and visitors to the Reservoir T website.

 

N. Credits

List of the names and roles of all individuals who contributed to a Creation. This list appears on the Creation Page.

 

O. Reservoir T Community

All Talents with a profile on Reservoir T.

 

3. Reservoir T’s Obligations

 

A. Organization of the Reservoir T Infrastructure

Reservoir T establishes the infrastructure required for Talents to publish their Creations online in the form of a portfolio. Reservoir T also facilitates communication among Talents by enabling them to network via Facebook and through its own website comments system.

 

B. No Control of Talents

As specified above, Reservoir T does not control the reliability or accuracy of any content posted by Talents in their profiles, portfolios or other Reservoir T documents.

 

C. Possibility of Sanctions Against Talents

If a Talent fails to comply with Reservoir T’s Terms and Conditions, Reservoir T reserves the right, in addition to any other legal recourse it may have, to deny the Talent access to the Reservoir T website. Without incurring any obligation to do so, Reservoir T specifically reserves the right to remove part or all of the information published in a profile, portfolio or other document considered incompatible with the purposes set forth in the Terms and Conditions and in the Required Criteria for Creations.

 

If Reservoir T is notified that a creation violates the intellectual property rights associated with any work protected by the Copyright Act, Reservoir T will take the notification very seriously and may launch the corresponding procedure established by Reservoir T (see Intellectual Property section).

 

D. Control of Talent and Portfolio

As specified above, Reservoir T does not control the content posted by Talents in their profiles. Reservoir T does not systematically monitor content, nor does it claim to warrant the accuracy of the claims and identity of Talents. Talents are therefore solely responsible for their profile. Reservoir T will not be held liable for any information published by Talents on its website.

 

4. General Obligations of Talents

 

A. Right to Use the Site  

Every Talent is granted unlimited, non-exclusive and personal license to use Reservoir T’s services, provided the Talent complies with the Terms and Conditions and the Required Criteria for Creations.

 

B. Truthfulness of Declarations

Although Reservoir T is under no obligation to verify the claims Talents make in their profiles, Talents declare publishing only information that characterizes them truthfully and accurately and that reflects their real identity. Any behaviour contrary to this provision will be considered an act of disloyalty entitling Reservoir T to adopt, at its own discretion, any sanction it considers appropriate. One such sanction would be the deletion of a Talent’s profile by Reservoir T. Talents also declare that all information they submit to Reservoir T when completing their profile is true. Talents are required to ensure that their profiles are accurate and up to date at all times.

 

C. Contact Information

A Talent’s email address is not displayed to the public and is not automatically published on the Reservoir T website. However, Talents may post the URL addresses of their personal website, Facebook, Twitter and LinkedIn pages by entering them into the appropriate fields in their profile. These URL addresses are displayed on a Talent’s profile and can thus be seen by all Talents and visitors to the Reservoir T website.


D. Obligation of Good Faith

To communicate with one another, Talents must use the URL addresses provided in their profiles. Talents can also post comments on each other’s Creation Pages and profiles. Talents are required to maintain courteous and diligent relationships with the Reservoir T Community.

 

E. Limits on Use of the Reservoir T Website

Reservoir T may be used only in a manner consistent with the purposes of the website, which is dedicated to professional and nonprofessional artists, independent artists, companies and associations active in the Arts and Multimedia Sector. Accordingly, for example, Talents are specifically forbidden to engage in any of the following activities:

 

  • Using Reservoir T functionalities for purposes other than those mentioned in these Terms and Conditions;
  • Publishing inappropriate or illegal material on Reservoir T, including but not limited to material that is pornographic, paedophilic, racist, or otherwise objectionable;
  • Using Reservoir T functionalities to make unauthorized commercial use of the Creations of a Talent (see Intellectual Property section);
  • Using Reservoir T functionalities to send unsolicited spam to Talents;
  • Using Reservoir T in a manner that could interfere with its operation, confidentiality or security;
  • Sending files that may cause damage to Reservoir T.

 

F. Responsibilities and Obligations of Talents

Each Talent is solely responsible for the consequences of his or her actions and use of Reservoir T. Talents must ensure that their actions and behaviour comply with any laws, regulations, codes of ethics or contracts that apply to their situation.

 

G. Security

Each Talent must exercise due diligence in the safekeeping and use of personal passwords and in complying with the security measures established for the use of the Reservoir T website. As well, Talents must ensure that the creations they publish on the Reservoir T website are free of viruses or other files that could result in damage to the site.

                                                                                                                             

H. Capacity and Minimum Age

Individual Talents and persons responsible for representing a corporate-type Talent must be at least 13 years of age.

 

5. Intellectual Property

 

A. Content Published by a Talent

Talents must hold all the necessary rights for each Creation they publish on Reservoir T. When a Talent publishes a Creation, he or she must confirm possession of the necessary publication rights.

Talents and visitors are not authorized to reproduce or distribute Creations whose rights are held by another Reservoir T Talent or by anyone else without prior consent from the rights holder.

If a Talent violates another Talent's copyright in regard to a work of art, Reservoir T may proceed as follows:

 

1-As a first step, Reservoir T will strongly advise a Talent or visitor reporting a copyright violation to contact the Talent presumed to be at fault in order to clearly establish the copyright he or she holds for the Creation in question and to request the removal of the infringing material from the Reservoir T website.

 

2-If the Talent presumed to be at fault fails to cooperate, the person claiming copyright shall promptly notify Reservoir T of the situation.

 

3-In the event that Reservoir T considers the complaint submitted to be reasonably well-founded, Reservoir T will send a notice to the Talent presumed to be at fault. This notice will inform the Talent presumed to be at fault of the situation and require an explanation or the removal of the infringing Creation from the Reservoir T website.

 

4-If Reservoir T receives no response from the Talent presumed to be at fault within 24 hours of sending a first notice, it will send a second notice.

 

5-If a response from the Talent presumed to be at fault remains outstanding, Reservoir T reserves the right to delete the infringing Creation entirely.

 

Talents receiving two notices of infringement of the Copyright Act may have their profile removed from Reservoir T.

 

B. Protection of Reservoir T’s Intellectual Property

Reservoir T has a variety of tools, documents, identifying marks and logos that meet the criteria of an artistic work protected by Canadian and international legislation governing intellectual property. All Talents agree to comply with these provisions and to make every effort to do so. Talents and visitors are not authorized to reproduce, distribute or otherwise use these protected elements.

 

C. Links

Talents and visitors may add a link to the Reservoir T website from a website they administer. In all cases, such links must be removed should Reservoir T so request.

 

6. Protection of Personal Information

 

Every Talent is required to read Reservoir T’s Privacy Policy. By using the website and accepting these Terms and Conditions, Talents indicate their agreement with all the provisions set out therein.

 

If a Talent wishes to remove any mandatory personal information from the Reservoir T website, closure of the Talent’s account may be necessary.

 

7. Advertising and Sponsors

 

Talents and visitors who use Reservoir T agree to be exposed to various kinds of advertising. Reservoir T depends on advertising and promotions to keep its website online. Reservoir T is in no way responsible for any offer, exchange of services, correspondence, contest participation, promotions, purchases or other transactions that a Talent may engage with any such advertisers. Talents are solely responsible for their transactions and Reservoir T shall have no liability in this regard.

 

8. General Provisions

 

A. Governing Law

Talents and visitors agree that the laws of the province of Québec shall govern any dispute that may arise between them and Reservoir T.

 

B. Court of Jurisdiction

Talents and visitors agree that any dispute that may arise between them and Reservoir T shall be adjudicated in the district of Montréal (Québec).

 

C. Amendment of the Terms and Conditions of the ReservoirT.com Website

Reservoir T reserves the right to amend these Terms and Conditions, in whole or in part, at its sole discretion. In the event of such an amendment, Reservoir T will post a notice in the Information section and update the Terms and Conditions on its website. Talents agree to familiarize themselves with the amended provisions.

 

D. Entire Understanding

Talents and visitors acknowledge that in accepting these Terms and Conditions, they are also subject, by way of reference, to the Privacy Policy of the Reservoir T website. These two documents represent the entire understanding between Talents or visitors and Reservoir T.