Terms and Conditions
To access or use Uphires, you must be at least 16 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use Uphires. An employer and its authorized agent(s) are permitted to use the employer’s account and any data about that employer provided via that account for the employer’s internal business purposes. Except as set forth above, or as otherwise approved by us, Uphires is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use Uphires if we have terminated your account or banned you.
- Email Sign Up. In order to create a Uphires account, we require that you provide a valid email address. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Once you have set up a password, you will be given access to your profile and other private areas of your account. You are responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by Uphires at any time. When you set up an individual user account on Uphires, we create a member profile (a “Profile”) for you that will include personal information you provide. We will update your Profile with information we extract from resumes you upload on Uphires. You may permit us to share information in your Profile with prospective employers, recruiters, and others. Subject to visibility settings that you control, subscribers to services we may introduce will be able to view information in your Profile. Because your anonymity on Uphires is important, your Profile does not include or link to information about the reviews or salary information you submit to Uphires.
- Social Sign Up and Sign In. You may be able to register an account and subsequently access Uphires through a social networking site, such as Facebook, LinkedIn, etc (“Social Networking Site”). If you access Uphires through a Social Networking Site you agree that we may access, make available through Uphires, and store (if applicable) any information, data, text, messages, tags, and/or other materials that you have provided to and stored and made accessible in your Social Networking Site account so that it is available on and through Uphires via your account and your Profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access Uphires, personally identifiable information that you post to that Social Networking Site may be displayed on Uphires. Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.
Use of our Services
- Third-Party Content on Uphires. Content from other users, advertisers, and other third parties is made available to you through Uphires. “Content” means any work of authorship or information, including salaries, company reviews, interview reviews, company photos, logos, employer responses, job ads, employer profile information, advertisements, comments, opinions, postings, resumes, messages, text, files, images, photos, works of authorship, e mail, data or other materials you find on Uphires. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related information provided by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.We allow users to post content about employers when they have been employed by the employer as a full-time, part-time, contractor, freelancer, independent employee, or provide work that is an integral part of the employer’s value chain. We also allow users to review the staffing firms that place them in these roles. We consider all workers in these roles as ’employees’ with regard to Content left on Uphires. While we provide the option for Uphires reviewers to specify the category of their employment when they leave a review (e.g contractor, freelancer, etc.), we do not consider this a requirement. We will be providing ratings to the employers based on the ratings received by the users. It does not violate our Terms for a worker in any one of these roles to leave a review as an “employee.”
- House Rules. You represent and warrant that you will use Uphires solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on Uphires (“Your Content”). You agree that by submitting or authorizing Your Content for use on Uphires, you have reviewed and understood our Terms. You understand that you may expose yourself to liability if Your Content or other use of Uphires violates applicable law or any third-party right.You agree that you will not:
- Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
- Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company;
- Post jobs targeting minors, child pornography, human trafficking, illicit drugs, etc.
- Post Content that is hateful, racist, defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
- Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by Uphires);
- Promote, endorse or further illegal activities like money laundering, etc;
- Disclose information in violation of any legally enforceable confidentiality, non disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
- Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
- Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
- Solicit personally identifying information from minors;
- Except as expressly approved by us, and subject to applicable laws, use Uphires for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
- Copy, modify or create derivative works of Uphires or any Content (excluding Your Content) without our express written permission);
- Copy or use the information, Content (excluding Your Content), or data on Uphires in connection with a competitive service, as determined by Uphires;
- Sell, resell, rent, lease, loan, trade or otherwise monetize access to Uphires or any Content (excluding Your Content) without our express written permission;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Uphires;
- Interfere with, disrupt, or create an undue burden on Uphires or the networks or services connected to Uphires;
- Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Uphires; or Attempt to circumvent any security feature of Uphires;
- Links to Third-Party Websites. Uphires may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave Uphires, our terms and policies do not govern your use of third-party websites.
Uphires does not guarantee the identity of an employer or any individuals working for any employers, and cautions job seekers when applying to jobs. Uphires does not guarantee the validity of a job offer and cautions job seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. You are solely responsible for verifying the accuracy of any employer or job offer.
Provisions for Employers
- Posting Jobs on Uphires. You may not post any job ad that:
- Does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;
- Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
- Requires an application fee or up-front or periodic payments; requires recruitments of others;
- Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
- Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorized to submit job ads;
- Contains multiple job openings in a single job ad (unless you’ve purchased a service that permits this);
- Discriminates against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in Company’s reasonable discretion.
- Reviews on Uphires. You may not offer incentives in exchange for company or interview reviews. You may not trade reviews with other employers. We will remove reviews where we have evidence that users were compensated to leave reviews.
- Communications with Job Seekers. We may inform a user when you have taken an action with respect to information, we have shared with you on behalf of that user, such as when you open the user’s application, view their resume, view their profile on Uphires, and/or make a decision about their application. When you view, store or receive materials through your use of Uphires, we may use such materials for data analysis, quality control, or to refine our platform and services. We may also share with our users our observations based on such data analysis. For example, we may tell our users which employers are more likely to open applications submitted to Uphires, which employers are active on Uphires, and how long certain aspects of the candidate process take on average for a given employer. We may, on your behalf, send out reminder emails to Job Seekers you wish to interview. Uphires may also send emails to Job Seekers on your behalf indicating that your job posting is potentially a match for the Job Seeker’s resume. You understand and agree that Uphires may take such actions.
Provisions for Advertisers
This provision applies to all advertisers, including employers who purchase job ads or display ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads (“Ad Data“) for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers’ campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.
Enforcement by Uphires
- Removal of Content. While Uphires has no obligation to do so, Uphires reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Uphires.
- Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from Uphires; suspending your rights to use Uphires; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
- Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user’s electronic address or identifying information.
Rights to Your Content
We do not claim ownership in any Content that you submit or authorize for use to Uphires, but you grant us the rights to use such Content as set forth below. By submitting or authorizing us to display any Content on Uphires, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sub-license through unlimited levels of sub-licenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Company’s exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve Uphires and to make Content submitted to or through Uphires available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through Uphires. You should only submit Content to Uphires that you are comfortable sharing with others under the terms and conditions of these Terms.
Rights to Uphires Content
Uphires contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and Uphires owns and retains all property rights in Uphires. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Uphires solely for your personal use in connection with using Uphires. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on Uphires or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Uphires. You are not permitted to use our Content and other intellectual property without our prior written consent.
Termination of Account
Uphires reserves the right to terminate your account or you can request us to close the account. These Terms remain in effect while you use Uphires and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Uphires, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of Uphires. For the avoidance of doubt, you agree that these Terms apply to your use of Uphires and any Content posted on Uphires at any time prior to the termination or expiration of these Terms.
EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON “AS IS” BASIS. IN PARTICULAR, UPHIRES DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND UPHIRES WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UPHIRES OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS.
UPHIRES FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, USER EXPRESSLY UNDERSTANDS AND AGREES THAT UPHIRES PROVIDES THE SERVICES ON “AS IS” BASIS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON
INFRINGEMENT, AS TO THE INFORMATION, CONTENT, SERVICES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICES OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. UPHIRES OR ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICES. UPHIRES SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL UPHIRES OR ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF UPHIRES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third party due to or otherwise arising from your use of Uphires, including due to or arising from your breach of any provision of these Terms.
These Terms constitute the legal agreement between you and Uphires and govern your use of the offering, but without prejudice to any additional Terms which may be part of an agreement specific to the Services you wish to avail of (but excluding any offering which Uphires may provide to you under a separate written agreement), and completely replace any prior agreements between you and Uphires in relation to the offering.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Uphires may assign its rights under this Agreement without notice to you. You agree that any cause of action arising out of or relating to the website must commence within one (1) year after the cause of action arose.
You agree that the Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Company’s prior written consent but may be assigned or transferred by us without restriction.