SITE AND SERVICES
This Section I discusses the types of users that may access and use the talent-related services on our websites, the terms and conditions that apply to such access and use, and the procedure for account registration on our websites.
CONTENT OWNERSHIP, RESPONSIBILITY, AND REMOVAL
For purposes of the Terms: (i) "Content" means text, graphics, images, music, software, audio, video, data, works of authorship of any kind, and information or other materials that are posted, generated, provided, transmitted or otherwise made available through the Services; and (ii) "User Content" means any Content that you or any User of your Account provides to be made available through the Services, including, without limitation, any profile information, the Content of your communications or postings on the Services, and any other information that you provide to another User or us in connection with the Service.
Our Content Ownership. We do not claim ownership rights in any User Content, and nothing in the Terms will be deemed to restrict any rights you may have to use and exploit your User Content. Subject to the preceding, and as between the parties, we exclusively own all rights, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content. You acknowledge and agree that Well found does not inquire into its users' backgrounds or attempt to verify the Content provided by its Users (although it reserves the right to conduct any background check or other screening using available public sources).
Rights in User Content Granted by You. By making any User Content available through the Services, you, as a result of this, grant to us a non-exclusive, perpetual, irrevocable, transferable, worldwide, royalty-free license, with the right to sublicense through multiple tiers to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, improving, promoting and providing the Services and Content to you and other Users.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, rights of publicity or privacy, moral rights, or result in the violation of any applicable law, rule or regulation.
Removal of User Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make, your profile information, or messages you send) may not be removed entirely, and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Right to Control Content. Well found may, but is not required to, monitor, edit, remove or in any other manner control the Content posted via the Site and Services. Our non-exercise of this right does not give you any right to claim a Well found Party. Any Content uploaded through the Services may be deleted or modified at any time without notice.
Our goal is to provide the Site and the Services as a platform for Candidates and Employers to connect, communicate and positively develop employment relationships. To help us in achieving this goal, you agree that the:
- You have the right, authority, and capacity to enter into the Terms on your behalf and on behalf of any entity for whom you are acting;
- You are at least 16 years old, and if you are less than 18 years old, your parent or legal guardian has agreed to stand behind any agreement you enter into as a participant in Well found;
- Your use of the Site or Services is not prohibited based on your residence, the jurisdiction of the organization, citizenship, or the location from which you are accessing the Site and Services;
- You shall be solely responsible for maintaining the confidentiality of your login information, including your User ID and password;
- Before acting for any third party in respect of the Site or Services (including any entity, Employer, or recruiting agency), you will disclose all such third parties to us;
- You will promptly update your registration information (including your email address and other contact information) and all Content you provide so that it remains correct and complete;
- You will conduct yourself professionally and honestly in all your interactions with Well found, the Site, and Services, and with any other User, including refraining from defaming, disparaging, threatening, harassing, or intimidating anyone or using misleading, profane, offensive, obscene, or otherwise objectionable Content or language;
- To the extent that Well found is determined, for any reason, not to be the licensee of any User Content you have shared through the Site, including all rights of paternity, integrity, disclosure, and withdrawal, and any other rights that may be known as or referred to as "moral rights," "artist's rights," "Droit moral," or the like (collectively "Moral Rights"), you at this moment (a) ratify and consent to any action that may be taken by Well found to obtain licenses concerning such Moral Rights and agree not to assert any Moral Rights concerning it, and (b) agree that you will confirm any such ratifications, consents and agreements from time to time as requested by Well found;
- Your User Content will be viewable by other Users, and Well found shall not be responsible for any republishing of the same through third-party services and websites (whether following the Terms or in breach thereof, such as by a third party that hacks into our Site or scrapes Content);
- You will not post any inaccurate, misleading, or deceitful User Content, and any jobs that you list through the Services will be accurately described concerning the nature, location, and compensation being offered;
- You are not relying on Well found, and you understand that we do not review, confirm, monitor, endorse, support, represent, guarantee or have any knowledge of the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Site or Services;
- By using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, incomplete, or otherwise inappropriate, and you have no claim against Well found, its affiliates, and their employees and other representatives for any such material;
- The Service may include advertisements or other similar items, which may be related to Content, queries made through the Services, or additional information, and you have no claim against Well found for the placement of advertising or similar Content on the Services or in connection with the display of any Content or other information from the Services;
- You will communicate with Candidates and Employers through the Services solely for recruitment and hiring concerning jobs, roles, and opportunities posted on the Services, and you will not solicit or advertise to any other User through the Services for any other purpose, including but not limited to, investment opportunities, training programs, incubators or anything else unrelated to the jobs, roles and opportunities posted on the Services;
- If you are an Employer, your hiring and application process does not contain atypical requirements (as determined at our discretion), including but not limited to application fees, investment in your Company, unpaid trial periods, or applying on another platform or website; and
- You will comply with all applicable laws, rules, and regulations in using the Site and the Services and engaging in any contractual relationship resulting from that place.
You agree that you will not:
- Use a name, email address, or other identifying information that has the effect of hiding your affiliation or identity or use a name, email address, or additional identifying information that belongs to another person;
- Use a User ID, password, or other login information that is subject to any rights of another person without appropriate authorization;
- Create an account or use the Site or Services if you have been previously removed by Well found or if you have been previously banned from the Site or Services;
- Copy, disclose, or distribute Content except as expressly permitted by the Terms (including through the use of automated or non-automated harvesting, collection, or "scraping") or otherwise use the Site or Services for competitive purposes;
- Use any Content or other information acquired from the Site or through your use of the Services for commercial activity or in a manner that directly or indirectly competes with Well found, the Site, or the Services;
- Use any automated system (including a spider, robot, or offline reader) to access the Site or Services in a manner that takes more bandwidth or produces a more significant load on Wellfound's network or servers than a human can reasonably make in the same period by using a conventional on-line web browser (except Well found grants public search engines revocable permission to copy materials from the publicly available searchable indices of the materials, excluding any caches or archives of such materials);
- Misbehave towards any User of the Site or Services, or use the Site or Services to misbehave towards any other third party (including by stalking, hacking, phishing, harassing, spamming, bullying, insulting, or otherwise harming anyone);
- Post any User Content that is fraudulent, false, misleading, defamatory, slanderous, libellous, obscene, threatening, unlawful, infringing, inflammatory, or in violation of agreements or policies you are subject to, and any jobs that you list through the Services will be accurately described concerning the nature, location, and compensation being offered;
- Interfere with, disrupt, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Services or related networks;
- Destroy, manipulate, remove, disable, redact, modify, distort or harm any Content provided by another User or any functionality or feature of the Site or Services (including by de-indexing or de-caching our Site);
- upload worms, Trojan horses, viruses, malware, invalid data, or other software agents through the Site and Services;
- Market competing services to Users you have identified through Well found, the Site, or Services;
- Rent, lease, resell, sublicense, distribute, or otherwise transfer access to any of the Services, or use any of the Services for service bureau or time-sharing purposes or in any other way allow third parties to exploit any of the Services;
- Claim any right to access, view, or alter any source code or object code supporting Well found; and
- Encourage or enable any other person or entity to do any preceding.
PRIVACY AND CONFIDENTIALITY
By using the Services, you may have an opportunity to see Content created by other Users. You agree not to copy, distribute or disclose that Content or permit any other person to do so.
As a Candidate, you agree to keep all communications received from Employers (other than offers of employment and their terms) confidential and not to disclose any hiring opportunities identified through the Site or Services without the Employer's permission.
You agree to keep the Candidate's identities and information confidential as an Employer. You agree not to disclose any information about a Candidate within your organization except as necessary to make hiring-related decisions about that Candidate.
As either a Candidate or an Employer, you agree to take appropriate precautions to protect the Content you obtain from the Site against misuse or disclosure.
RELEASE AND INDEMNITY
Release. You, at this moment, irrevocably release any claims you may have against Well found, its affiliates, and the directors, officers, managers, partners, employees, members, owners, shareholders, agents, and representatives of the preceding (the "Well found Parties") that are related to:
- The Site, the Services, or your use of Content, including any representations, recommendations, or referrals you may receive or make as a result of your registration with Well found;
- misstatements, inaccuracies, misrepresentations, incompleteness, or omissions in Content, and your reliance on the quality, accuracy, or reliability of any job postings, profile information, recommendations, and metrics used on or available through the Site or the Services;
- Contractual obligations or any other duties that may arise, including by statute or operation of law, through communications made by Users (including any employment or contractual relationship between a Candidate and an Employer, which relationships you expressly acknowledge that Well found shall not be considered a party to and shall not be considered a joint employer therein);
- Violations of the Terms, including through other Users posting Content that is fraudulent, false, misleading, defamatory, slanderous, libellous, profane, obscene, invasive, threatening, harassing, bullying, intimidating, unlawful, infringing, inflammatory, or in violation of agreements or policies the User is subject to;
- Any use by a third party of Content obtained from the Site or Services, including any misappropriation, infringement, or other unlawful activity that a third party may undertake after receiving Content in contravention of the Terms or applicable laws, rules or regulations; and
- Your inability to use or access the Site, the Services, or any Content, including, without limitation, as a result of (i) any suspension or termination of your Account; (ii) viruses, malicious code, bugs, glitches, or errors in the Site or the Services; or (iii) delays, outages or disruptions that affect the Site or the Services.
You are solely responsible for your use of the Site, Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other Users and third parties. Without limiting the generality of the preceding, Employers and Candidates assume all liability for the proper classification of Candidates as independent contractors or employees based on applicable legal guidelines. Employers and Candidates acknowledge that Well found does not, in any way, supervise, direct, or control the manner, means, or conditions of any work or services performed. Well found does not set the work hours location under any contractor relationships. Well found will not provide either party with training or any equipment, labour or materials needed, or supervision of a Candidate for any engagement. Well, found will not set the rate or method of contractor payment, process contractor invoices, nor will it provide benefits, or deduct any amount for withholding, unemployment, Social Security, or other taxes. Employers and Candidates will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority, concerning any engagement resulting from their use of the Site or the Services.
You acknowledge and agree that Well found is not a party to the relationship or any dealings between Users of the Services or the Site, including, without limitation, any association or transactions between Employers and Candidates. Without limiting the preceding, you acknowledge that Users are solely responsible for the following:
- We are verifying and ensuring any content's accuracy, completeness, and legality.
- We are determining the suitability of any Candidate for any job or opportunity posted through the Services (including by way of interviews, vetting, references, background checks, and other similar actions).
- We assess the reputation, stability, and outlook of any Employer or the quality, benefits, and drawbacks of any job posted by an Employer through the Services.
- Negotiate and execute applicable employment offers, letters, or agreements between Users.
Ownership. All right, titles and interest in and to the Site and Services is and will remain the exclusive property of Well found and its licensors. The Site and Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the Well found name, any of the Well found trademarks, logos, domain names, or other distinctive brand features. You agree not to copy, distribute or disclose any Content on the Site or accessible through the Services unless we have given you express written permission.
Right to Change the Services. Well found reserves the right to discontinue, condition, modify, suspend or limit the Services or access to the Site in any way and at any time, with or without notice to you, without liability.
Right to Terminate User Access. Well found reserves the right to terminate your access to the Site and the Services without notice and, if you violate the Terms, to pursue other remedies at law or in equity. We may delete your Account, and if we delete your Account, you will lose all access to your User Content and other Content (including any information, connections, or other features that may have value to you that may have been associated with your Account).
Right to Refuse or Cancel Registration. Well found has the right to refuse registration of or cancel your Account at its discretion for any reason. In addition, Well found reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Site or through the Services or to terminate Users and reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) comply with any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms (including investigation of potential violations hereof), (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to User support requests or (v) protect the rights, property or safety of Well found, its Users and the public.
No Obligations to Feature or Pay for Content. Well found is not obligated to pay you or to cause any other party to pay you any compensation concerning your activities on the Services, the Site, or the Content you provide to the Site. Well found is not obligated to feature or display your Content on any web page.
Marketing. If you are an Employer, you agree that we may use your (and your organization's) name and logo in listings of Wellfound's customers on our Site and other public statements or disclosures to market the Services.
We welcome Feedback, comments, and suggestions for improvements to the Site or the Services ("Feedback"). You can submit Feedback by emailing us at email@example.com You, with this grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense through multiple tiers, under any intellectual property rights that you own or control to use, copy, modify, distribute, create derivative works based upon and otherwise exploit the Feedback for any purpose.
MODIFICATION OF AGREEMENT
In our sole and absolute discretion, we reserve the right to modify, correct, or replace any of the terms or change, suspend, or discontinue any Service at any time.
Such modifications shall become a part of the Terms and be automatically effective once posted on the Site. Notice of any change that materially affects the rights of Users will be provided to Users in a conspicuous manner such that Users are made aware of it and can review it before deciding to continue using the Services. Your continued use of the Services following posting any changes to the Terms constitutes your acceptance of those changes.
These General Terms were last updated on January 1, 2023.
HOW TO CONTACT US
If you have any questions about these General Terms or any of the Service Terms, please get in touch with us at firstname.lastname@example.org.