Talent User and Membership Agreement
This Talent User and Membership Agreement (Agreement) is part of and incorporates by reference the User Agreement and the other Terms of Service of pepelwerk (the Company). A user is defined as someone using, accessing, viewing, downloading, interacting with any content, software, product, or services owned by the Company. A Talent refers to an individual interacting with the Company to get work, keep work, stay relevant for work or accessing benefits, programs or services exclusively available to users and members. Other terms used to describe a Talent are: Job seeker, Learner or Member. This agreement covers the user when described under all such terms. An individual is someone representing themselves to get work. Person’s representing a group, business or agency are not allowed to act as Talent or create a Talent account or profile. If you accept these terms of membership, you attest to the fact that you are an individual. Any false representations are subject to legal enforcement.
For the purpose of this document, we will refer to the user as "Talent". A Talent's continued use of any of the company's software including the continued use after the last modified date of this software, content, systems, services or products will signify and confirm Talent's acceptance of this Agreement, the User Agreement, and the Terms of Service. Capitalized terms not defined in this Agreement are defined in the User Agreement, elsewhere in the Terms of Service, or have the meanings given such terms on the pepelwerk Site.
As a Talent user I agree:
- That I, alone, am responsible for all decisions, outcomes and risks associated to the work I choose, my income, my tax reporting responsibilities and my behavior in any work environment
- That I am personally accountable for my safety
- That all content (pictures, videos, images, shared digital works, pages, skills, works and all other attributes) of your profile and how you represent yourself is honest, true and valid. Any false representations, will give us cause to remove your account information and take legal action.
- That if any suspicious behavior, information, content or people come to my attention through interactions with the Company that I will notify email@example.com immediately
- That the Company is not responsible for the choices you make because of the information you receive from the Company through any services, content, products, interactions or people acting in the interest or the Company. You hold pepelwerk harmless of any adverse experiences because of having access to information, recommendations, content, products, or services verbal or in writing.
- To let the Company, use my de-identified information to use for the Company's purposes in compliance with Global Data Protection rights and consumer protection laws and within the ethics and values of the Company to make fair and reasonable attempts to protect our users
- You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our business partners and that these communications are considered part of the Services. You will not be able to opt out of receiving basic administrative messages. You also understand that our Services may include advertisements.
Relationship with pepelwerk
As a user or a member, Talent has access to service features that help members manage their work life. These service features can include the connection of employment opportunities, base wage recommendations, screening, documentation storage, receivables management, connections to learning opportunities and various other elements to improve or enhance elements of the Talents work life. All offerings, information, matches, features, products, services, content, software and communications are available to consume, use, purchase participate, engage, view or utilize at the CHOICE of the user or Member. The Companies goals is to advocate for a fair, accurate, accessible and equal opportunity work environment to improve a Talent's work life while partnering with vendors, constituents and third parties that align with our mission and business goals. That does not mean that we control actions of others or the unknown intent of others when involved in the Company and will be held harmless as such. The Company is not compensated by employers for featuring their working opportunities over another. The Company provides levels of membership for its talent to remain competitive in the work economy. Outside of membership fees for its services, the Company does not accept compensation from Talent to enhance, change or provide an unfair advantage to access working opportunities. The Company merely makes the Site Services available to enable Talent to identify and determine the suitability of Employment opportunities for himself/herself and to enable Employers to identify and determine the suitability of Talent for themselves. The same is true for any and all matches, connections and service features made available to the Talent.
Job Matching Service and Features
pepelwerk (the Company) is an internet-based technology company that matches Talent to working opportunities. Becoming a user or member or through any other use of our services, products or software systems does not constitute or create an employer-employee relationship. Our intent is to provide a digital environment to navigate the working world. We commit to our Talent users to create opportunities with the least amount of subjective bias from our community of users as possible. However, we do not control the decisions of any of our users and will not be held responsible in any way for their decisions, misuse or mal-intent that resulted from engaging with the Company in any capacity.
Talent, at Talent's own discretion, has the opportunity to become a member of pepelwerk at various membership levels: as a "Free" member, as a "Basic" member, or as a "Featured" member. As a member, you attest to the truth, accuracy and validity of your profile and any representation of your name, abilities, promises or statements. Any false representation of yourself, or other persons will not be tolerated and will be cause for legal action. Talent understands that Talent is not precluded from being a member of/in any other talent marketplaces, and that Talent is not precluded from accepting work or employment (as an independent contractor or as an employee) with any individual or entity, at any time.
Talent expressly acknowledges, understands, and agrees that:
- the work that Talent anticipates performing upon Talent's acceptance of any work that was introduced to Talent through the Company's Marketplace is independent of and from the Company's business;
- the Company shall have no obligation to furnish, and does not intend to furnish, any tools, supplies, or materials that Talent may require to perform any work that Talent accepts through the Company's Marketplace;
- the Company has no right to control the progress of the work that Talent actually does at any job that Talent elects to accept through the Company's Marketplace;
- the length of time that Talent works for an employer that Talent is introduced through the Company's Marketplace shall be determined solely by the Talent and the Talent's employer, and not the Company;
- Talent is to be paid by the employer that Talent agrees to work for, on terms that Talent and the employer agree upon, and not by the Company; while the Company provides recommendations for base wages, the Company does not determine, agree, or participate in the agreement of earnings between Talent and employer.
- Talent and any employer that Talent agrees to work for shall be in complete control of Talent's work schedule, and that the Company will have no control over Talent's work schedule; and
- the Company will not prepare performance evaluations on Talent for any of the jobs that Talent agrees to accept with any employer, and that the Company is not to be viewed as, or treated as, the Talent's boss or supervisor. The feedback that is received from any employer is a reflect of employer's own opinions, attitudes and experiences.
The Company does not, in any way, supervise, direct, or control Talent's work. The Company does not set work hours, work schedules, or location of work, nor is the Company involved in determining the final agreed upon earnings. The Company does not provide or make demands as to the premises for Talent to perform the work. The Company makes no representations about, and does not guarantee the quality, safety, or legality of the working environments that the Talent elects to work.
Any earned income as result of pepelwerk membership is the sole responsibility of Talent to report and Talent is solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority globally.
Talent shall have the right to terminate this Agreement and its membership in the Company's Marketplace at any time. The Company shall have the right to terminate this Agreement and Talent's membership in the Company's Marketplace upon Talent's failure/refusal to pay any portion of the monthly fees that Talent has agreed to pay to Company under the terms of this Agreement in a timely manner.
Other services, products and offerings
The Talent will have access to other products and services. All protections, warranties, provisions, and exclusions apply to all other interactions with the Company when Talent voluntarily elects to buy, participate, engage or use any and all services, products and offerings.
If Talent engages in any paid services, payment is due according to rules stated at time of purchase. If Talent is a paid member, Talent agrees to pay the monthly fee applicable to each chosen level of membership for as long as Talent elects to remain a member of/in the Company's Marketplace.
The services that the Company agrees to provide to Talent, the fees to be paid by Talent to the Company for these services, and the perks associated with each level of offered and chosen membership are exclusively available because of membership in the Company's Marketplace and in no way create a commitment of services, access to features or indebtedness to Talent once Talent makes the choice to deactivate membership. Talent can change, modify, or deactivate Talent's membership at any time.
Talent understands, acknowledges, and agrees that Talent and the Company enter into this Agreement to create the relationship of service provider and user, and not the relationship of employer and employee. Talent understands, acknowledges, and agrees that the Company does not view its relationship with Talent as anything more than a Membership Agreement as defined herein.
Taxes related to purchase of goods and services
Where applicable, the Company may also collect taxes as applicable by local governing bodies for charges to users.
Automatic Membership Renewal
The membership billing period begins on the date that the Company receives payment and is calculated from the beginning of that billing period. Memberships are automatically renewed and Talent irrevocably authorizes and instructs pepelwerk to make the required monthly payments to pepelwerk on Talent's behalf as described in the User Agreement. Automatic renewal occurs on the first day after the expiration date.
Changes to Membership Program, Cancellation, refunds
If Talent changes Talent's level of membership, the new program and new billing period will then be based upon the date the Company receives payment of the new membership fee. If Talent upgrades a membership, it will result in a new billing date effective upon the date of payment of the additional fees and. If Talent downgrades a membership, Talent will not receive a refund or credit for fees already paid. The downgrade will go into effect at the beginning of the next billing period. The Company reserves the right to modify its membership programs at any time, upon reasonable notice posted in advance on the Site.
Once a service, appointment or acceptance of purchase of goods is confirmed by the user, there are no refunds. There will be credits issued where applicable to be used for same service or product at a later date.
The company reserves the right to change any and all elements of our products, services, software, content, features and membership fees, prices for services and membership levels at any time. Any change will be communicated to Talent with reasonable notice posted in advance on the Site. No refunds of fees already paid will be given. If the Company exercises its right to cancel a membership, the Company will not refund the membership fee already paid.
Rights of the Company
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Services;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, or remove any material that you submit to our site for any reason;
- Refuse, move, or remove any content that is available on our site;
- Delete, activate, reactivate or ban your accounts and all related information and files in your account;
- Establish general practices and limits concerning use of our site.
You agree that we will not be liable to you or any third party for taking any of these actions.
Content on our site
Our site includes a combination of content that we create, that our partners create, and that our users create. All materials published on our site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash applications, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our site in whole or in part. If you would like to request permission to use any of the content on our site, please review our copyright notice and/or contact our corporate office.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, private message, transmit, or otherwise make available on our site ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, perpetual, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our site, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
We do not guarantee the accuracy, the integrity, or the quality of the content on our site, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user review, message board, or feedback sections of our site.
You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Requests to remove certain content from our site
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact us at firstname.lastname@example.org to report any copyright violations
Third-party sites, products, and services
Our site contains links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our site of any third-party content or a link to a third-party site is not an endorsement of that content or of that third-party site.
We do not sell, resell, or license any of the products or services that we review, list, or advertise on our site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
Special conditions for international use and exports
The Company makes no representations that the Services are appropriate for use in all locations, or that transactions, products, instruments, or services discussed are available or appropriate for sale or use in all jurisdictions. Your access to the Company and the Services are on your own initiative, and are responsible for compliance with applicable local laws or regulations. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data or information exported from the United States or the country in which you reside. You further agree not to upload to the Company any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. This assurance and commitment shall survive termination of this Agreement. Residents of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria are not permitted to access and use the Services or the Company and any such access and use is a violation of this Agreement.
No resale of service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services.
Your conduct on our site
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security at email@example.com. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. Your use of our site; any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you; the content, the quality, or the performance of content that you submit to our site; your connection to our site; your violation of these Terms; or your violation of the rights of any other person or entity. We reserve the right, at our own 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.
Use of the Company's Assets
The technology and the software underlying our site and the Services is the property of the Company our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our site or the Services. You agree not to modify the software underlying our site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our site.
Without limiting the foregoing, you agree that you will not use our site to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
- Publish, post, upload, e-mail, private message, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our site, any software or hardware, or telecommunications equipment;
- Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Restrict or inhibit any other user from using and enjoying any public area within our site;
- Collect or store personal information about other end users;
- Interfere with or disrupt our site, servers, or networks;
- Impersonate any person or entity, including, but not limited to, a pepelwerk representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- Engage in any illegal activities.
- You agree to use our social media accounts, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
- If you choose a username or profile header, introduction or picture that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our site, deny you access to our site, or any combination of these options.
Unauthorized access to our site is a breach of these Terms and a violation of the law. You agree not to access our site by any means other than through the interface that is provided by the Company for use in accessing our site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our site, except those automated means that we have approved in advance and in writing.
Use of our site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our site.
Consent to Electronic Communications and Email Solicitation
Term of Agreement
This Agreement remains in effect until terminated by you or the Company. You may terminate this Agreement by deactivating your account and disabling your registration or contacting us at firstname.lastname@example.org, and by our subsequently disabling your password and ID. If you are unsatisfied with the Services provided through the Company your sole remedy is to terminate this Agreement. We may terminate this Agreement, in whole or with respect to a Service, with or without cause, at any time immediately upon our disabling your password and ID. We may notify you of termination of the Agreement via email or other written notice to the address you provide to us in the registration process. After the termination of this Agreement or a Service, you are not authorized to access or use the Service, and you shall cease all such access and use. If you nonetheless access or use the Service in spite of termination of the Agreement or Service, your use of, or access to, the Service will be subject to the version of the Agreement then in effect as to all current users.
You hereby agree to indemnify, defend and hold the Company and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "pepelwerk Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any pepelwerk Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on our site.
WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. OUR SITE AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and the Company and govern your use of our site, superseding any prior agreements that you may have with us.
The parties to this Agreement understand and agree that the terms of this Agreement are contractual and not merely recital.
The parties to this Agreement agree that if any party to this Agreement is forced to initiate litigation for breach of this Agreement the prevailing party shall be entitled to an award of all reasonable and necessary attorney's fees and all taxable costs of court.
This Agreement and each and every term and provision hereof shall be construed in accordance with the laws of the state of Texas. If any provision of this Agreement shall, for any reason, be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof, and that this Agreement shall be construed as if such an invalid or unenforceable provision had never been contained.
If any party to this Agreement is forced to initiate litigation for any matters relating to or arising out of this Agreement, including any alleged breach of this Agreement, such litigation shall be filed and prosecuted in a court of record situated in Collin County, Texas, and both parties to this Agreement agree to submit to the jurisdiction of any court of record situated in Collin County, Texas and expressly waive any claim that they have – or might otherwise have – to contest that any court of record situated in Collin County, Texas does not have personal jurisdiction over them.