TABLE OF CONTENTS
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We’re a mobile technology company that connects hourly workers with businesses in the food service, hospitality, warehouse, retail, and experiential marketing industries.
Shiftgig uses technology to connect businesses with pre-qualified, ready-to-work professionals to work on-demand, hourly-based, daily shifts (or “gigs”) across the United States. Shiftgig’s proprietary platforms feature automation of workforce management and staffing functions. Shiftgig offers customizable platform options to businesses desiring an enterprise software solution, for use in multiple jurisdictions and industry verticals.
Shiftgig Bullpen, Inc. employs on-demand, hourly, temporary labor via Shiftgig’s technology to enhance and support the workforces of our Clients. The hourly workers, who we call “Specialists,” use our mobile app to decide when and where they want to work. Specialists can view, claim, and work a variety shifts scheduled with major hotels, stadiums, restaurants, and more. Because our Specialists have the flexibility to claim the shifts they want, they have the power to build success on their own terms.
ShiftgigX, LLC and Shiftgig Experiential, Inc. both operate as booking agents to staff experiential marketing campaigns and other special events, (these Specialists’ gigs include: Brand Ambassadors, Promo Models, Event Staff, etc.) using our proprietary technology.
Last updated: Effective on August 10, 2017
Shiftgig Services provide premier platforms, mobile Apps, and a social network for connecting individuals currently employed or those seeking employment in various industries (“Specialists”) as well as employers (“Clients”), vendors, business partners, contractors, prospects, and other people or entities using the Services (collectively, “Users”). For all purposes hereunder, the term “Shiftgig” shall include Shiftgig’s parents, subsidiaries, assigns, successors, and licensees. Use of the Services is void where prohibited.
SERVICES ARE NOT DIRECTED TO, AND NOT INTENDED FOR THE USE OF, CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, DO NOT REGISTER OR SUBMIT ANY PERSONAL INFORMATION TO THE SERVICE.
Only User: You hereby agree that you will be the sole user of your account, that no other individuals are authorized to use your account, and that you are responsible for all use of your account and activity thereon. You agree to contact Shiftgig immediately upon discovering or suspecting unauthorized use of your account.
Information Provided by Users: It is the responsibility of users to provide accurate, timely, updated and complete information to us when creating an account and using the Services and we are not responsible for any claims or disputes related to any incomplete, inaccurate or untimely information provided by you to us.
Prohibited Activities: In the interest of maintaining your integrity and the integrity of the Services, please do not:
- Share, provide, produce, display, publish or disseminate to others content that:
- Is defamatory, abusive, obscene, profane, objectionable, offensive, libelous, sexually oriented, threatening, harassing, or racially offensive;
- Is illegal or infringes or violates another user’s rights, promotes illegal activity including copying the copyrighted works of another user, or provides instructional information about illegal activitiesIs inaccurate, false, out-of-date or misleading, including profile images that are not your likeness or misrepresenting your current or previous employment and qualifications;Is harmful or threatening to the safety of users;Promotes racism, bigotry, hatred or physical harm against any individual or group of individuals;
- Consists of “junk mail,” “chain letters,” or “spamming”;
- Contains any restricted, password only, or hidden pages or images;
- Contains any material targeted at individuals under the age of eighteen (18), including material that exploits such individuals in a sexual or violent manner or solicits personal information from them;
- Requests passwords, account information, or personally identifying information for any commercial or unlawful purposes from another user; and
- Engages in commercial activities and/or sales without Shiftgig’s prior written consent including, but not limited to, contests, sweepstakes, bartering, advertising and pyramid schemes.
- Impersonate another user or entity or create an account for anyone other than a natural person;
- Harass others in any way, including stalking;
- Expressly state or imply that any statements you or others make are endorsed by Shiftgig unless you have the prior written consent of Shiftgig;
- Use any software, application, program, device or process, including the use of any robot or spider, to gather, catalog, or in any way duplicate or circumvent the structure or appearance of the Services;
- Post, distribute, duplicate, infringe, remove, or otherwise use any copyrighted materials, trademarks, brands, logos or other proprietary information or notices without obtaining the prior written consent of the owner of such rights;
- Disrupt or interfere in any way with the Services or any of the servers or networks connected to the Services;
- Utilize or copy any information or content to provide any service that is competitive, in Shiftgig’s sole discretion, with Shiftgig or access the Services for any competitive purpose including monitoring availability, performance or functionality;
- Share, provide, produce, display, publish or disseminate to others any material that contains any sort of virus or any files or programs that are designed to disrupt, destroy or reduce the functionality of the Services or any software, hardware, and/or equipment related to it;
- Share any non-user information without such non-user’s express permission;
- Disguise the origin of any information transmitted via the Services;
- Direct any person to the Services by using meta tags, code, or any other devices including any reference to the Services to for any reason whatsoever;
- Remove, cover or otherwise obscure any form of advertisement included on the Services;
- “frame” or “mirror” any part of the Services without our prior written authorization;
- Alter, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for any portion of the Services or any other software used on or for the Services; and/or
- Override or attempt to override any security component on the Services.
You agree to immediately report to Shiftgig any suspected misconduct or false information provided by other users of the Services.
Shiftgig reserves the right to investigate and take legal action against anyone who violates the above provisions including, without limitation, the right to suspend or terminate the account of any such violators. The above list is not all inclusive as to activities for which an account may be suspended or terminated.
No Joint Venture or Agency: Simply by virtue of using the Shiftgig Service, users are not employees, independent contractors, or creating any other agency relationship with Shiftgig. You agree that if Shiftgig intends to create an independent contractor relationship, partnership, joint venture, employer-employee, franchise relationship or any other agency relationship of any kind the parties will enter into a written agreement.. Shiftgig expressly disclaims any liability arising between users of the Services.
Notice of Cancellation: Until and unless you or Shiftgig terminate your account, such account will continue for an indefinite period of time. Should you prefer stop using the Services, please send an email to cancel to: email@example.com. If you have paid for any services and you decide to terminate your account, you may use those services through the end of the commitment period and you will not receive any refund of fees.
Fees: By creating a client account, you are responsible for providing timely payment for all services provided by Shiftgig, and your acceptance in setting up an account in our systems authorizes Shiftgig to charge you in accordance with the applicable service agreement(s) and attachments, including but not limited to scopes of work (“SOW”). You will be advised in advance of any fees or charges for service on your account.
Miscellaneous: As a user of Shiftgig, you agree to:
- Comply with all applicable local, state, federal and international laws including, without limitation, privacy, intellectual property, and tax laws along with all other regulatory requirements;
- Provide accurate and updated information;
- At all times while using the Services, act professionally and responsibly.
For information about our responsible disclosure policy and any other technical inquiries, send an email to: firstname.lastname@example.org.
Interaction between users: You are solely responsible for all interactions with other users. Businesses, Specialists, and all users agree to make their own decisions regarding persons they employ, and work (gigs), job positions, campaigns, events or projects they claim. Users represent, understand and expressly agree that Shiftgig does not have any liability for or control over any user’s authenticity, integrity, abilities or responsibility online or onsite in the workplace. Additionally, all users expressly agree not to hold Shiftgig or its officers, directors, agents, investors, and employees liable for any damage, suits, claims, disputes or controversies whatsoever arising from any relationship developed on or in connection with the Services.
Public Areas: Users are prohibited from using the Services to share or receive any content that is inappropriate or offensive to other users, as determined by Shiftgig in our sole discretion. You hereby agree not to: i) in any way distribute or disseminate profane, offensive, obscene, infringing or unlawful material or information; ii) use the Services in violation of any local, state, national or international law; iii) slander, abuse, threaten, harass or otherwise violate any legal rights of others; iv) upload any files to the Services that violate the legal rights (including intellectual property, privacy, publicity rights) of any third party or contain any viruses or may damage the Services or any user’s system in any way; v) download any file that you know, or reasonably should know, cannot be legally distributed or disseminated through the Services; vi) advertise, sell, or offer to sell any goods or services on the Services for any purpose which is not relevant to the services offered by Shiftgig including conducting or forwarding any surveys, contests, etc.; vii) impersonate another user or allow another individual to use your account in any way; viii) “spam” (e.g., post the same note, message, or information repeatedly); or ix) in any way prevent other users from using and enjoying and/or benefitting from the Services. You agree Shiftgig is not responsible for the misuse or misappropriation of any content or information you provide to the Services, such as posts in any publicly viewable area of the Services, your profile, or reviews.
The Services is for the use of individuals and client company users only and any use in connection with any non-Shiftgig commercial endeavors without the express prior written consent of Shiftgig is strictly prohibited. Businesses may only use the Services as users for authorized purpose. Shiftgig reserves the right to take any and all appropriate legal action. Shiftgig reserves the right to terminate your use of the Services in its sole discretion at any time and for any reason. You agree that your use of the Services is with the revocable permission of Shiftgig.
In an effort to better serve our clients and simplify the billing experience, Shiftgig offers an EasyPay Program for all Paid Services. By authorizing EasyPay enrollment, Client enrolls in Shiftgig’s EasyPay recurring payments program, agrees to these Terms and Conditions for Recurring Payments and authorizes Shiftgig to: (a) initiate recurring automated clearing house (ACH) debit entries or (b) charge a specific credit card account. The amount of any such recurring payments will be the total invoice amount billed to Client directly for services provided, plus all applicable credit card transaction fees. Client also authorizes Shiftgig to credit a specific credit card account in the appropriate amount for any refunds or other billing adjustments. All payments will be automatically withdrawn from the specified checking account or charged to the designated credit card, unless Client terminates authorization in the manner described herein. Invoices are due upon receipt. Payment transactions will be processed as early as date of the invoice. Client has the right to receive notice of all varying transfers from the bank account. Shiftgig will provide a monthly statement of Client’s account containing an itemized list of charges made during the monthly period. Client agrees to review each statement received and provide Shiftgig written notice of any errors or disputed charges within one week of receipt. If Client informs Shiftgig that an error exists on the monthly statement, Shiftgig will attempt to correct that error prior to the next monthly statement.
SHIFTGIG SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT CLIENT MAY INCUR AS A RESULT OF AN ERRONEOUS STATEMENT, ANY DELAY IN THE ACTUAL DATE ON WHICH AN ACCOUNT IS DEBITED OR CLIENT’S FAILURE TO PROVIDE ACCURATE AND/OR VALID PAYMENT INFORMATION.
If any changes occur in the information provided, Client must immediately notify Shiftgig in writing of such changes by email to: Billing@shiftgig.com. If Client either does not notify Shiftgig in writing of such changes or does so in an untimely fashion, Shiftgig shall bear no liability or responsibility for any losses incurred to the extent permitted by law. Shiftgig’s sole liability to Client shall be Shiftgig’s obligation to make any appropriate changes once in receipt of notification. Either Client or Shiftgig may terminate this EasyPay agreement at any time by giving the other party written notice in advance of the date of termination or any scheduled invoice settlement date. To terminate this EasyPay agreement (and revoke any authorization) Client must submit email notice to Shiftgig to: Billing@shiftgig.com.
In the event that you become involved in any dispute with one or more other users or Shiftgig, you hereby release and forever discharge Shiftgig and its officers, directors, agents, investors, and employees from all past, present, and future claims, causes of action, demands, lawsuits, actions, liabilities, losses, expenses, obligations or damages of every kind and nature (including personal injuries, death and property damage), whether known or unknown, suspected and unsuspected, disclosed and undisclosed, arising directly or indirectly out of or in any way connected with such disputes, the Services, or Shiftgig.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree not to seek to or to hold Shiftgig and its officers, directors, agents, investors, and employees liable for any services delivered which originated through the Services or were otherwise provided by any user of the Services.
Shiftgig owns and retains all intellectual property and other proprietary rights throughout the world in the Services. All such intellectual property and other proprietary rights, including any software, text, typefaces, graphics, layouts, content, data, formatting, designs, HTML, graphs, photographs, videos, designs, sounds, images, look and feel, and other content on the Services, and the coordination, selection, arrangement and enhancement of any such materials as a collective work under the United States Copyright Act, as amended, is owned by or licensed to Shiftgig. You agree Shiftgig owns and retains all such rights that are protected in all forms and through all media and technologies now known or hereinafter developed. Users are prohibited from copying, downloading, using, redesigning, reconfiguring, or retransmitting any of these rights without Shiftgig’s prior express permission in a signed writing, unless such use falls under an exception. Users are prohibited from posting, sending, sharing, or distributing any Shiftgig materials or content that they do not own or have permission to use. In addition to the termination of your account, violation of this policy may result in copyright, trademark, patent or other intellectual property rights violations and liability, and civil or criminal penalties. The Services contains materials protected by the domestic and international laws of copyrights, trademarks, patents, and other proprietary rights and laws and any use of such materials is expressly prohibited without the prior signed written permission of Shiftgig or the relevant right holder or as otherwise permitted herein.
Shiftgig owns certain service marks and trademarks, including the service marks and trademarks Shiftgig,™ Shiftgig Bullpen,™ Deploy,™ Shiftgig Business,™ Bookedout.com,™and all other Shiftgig trademarks, service marks, logos or trade names appearing on the Services. The other service and trademarks appearing on the Services are the property of their respective owners. Users may not copy or use any of the Shiftgig service marks, trademarks, trade names or logos without the prior express permission of Shiftgig in a signed writing. You acknowledge Shiftgig’s rights and the rights of third parties with respect to the foregoing.
You agree that Shiftgig is not responsible for your reliance on any information or content made available through the Services, other than that provided directly by Shiftgig, and the authors of such information and content are solely responsible for such content. Shiftgig does not guarantee the accuracy or completeness of any information on the Services or adopt, enforce or accept responsibility for the accuracy or reliability of any statement made by any third party or user that appears on the Services. You agree that Shiftgig will under no circumstances be responsible for any loss or damage resulting from your reliance on information or content on the Services.
You are prohibited from posting, distributing, or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining prior written consent of the owner of such proprietary rights. If you, in good faith, believe that any materials on the Services infringe upon your copyrights, please provide our Copyright Agent with the following (see 17 U.S.C. 512(c)(3) for further detail):
A description of the copyrighted work that you believe has been infringed upon, why you think it has been infringed, and the exact location on the Services where such material is located;
A description of where the original or an authorized copy of the copyrighted work exists;
An electronic or physical signature of the person who either owns the copyright or has authorization to act on behalf of the owner;
Your contact information including your full name, address, telephone number, and email address;
A statement from you that you in good faith believe that the disputed use is not authorized by the copyright agent or owner or the law; and
An additional statement by you, made under penalty of perjury, that the information in your notice is complete and accurate, and that you are the copyright owner or authorized to act on the owner’s behalf.
If you believe that your content that was removed (or to which access was disabled), is not infringing, is subject to the copyright defense of “fair use” pursuant to 17 U.S.C. 107, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in such removed content, you may send a counter-notice containing the following information to our Copyright Agent:
your physical or electronic signature;
identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the United States District Court for the Southern District of New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Copyright Agent, we may, in our sole discretion, send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the provider of the content or user, the removed content may be replaced, or access to it restored.
OUR COPYRIGHT AGENT CAN BE REACHED AT:
1 N. State St., Floor 3
Chicago, IL 60602
Shiftgig reserves the right to evaluate, improve, amend, or temporarily or permanently discontinue the Services or any content or information thereon with or without providing notification to users. You agree that Shiftgig and its officers, directors, agents, investors, and employees are not liable to you or any third party for any modification or discontinuance of the Services.
You agree that we may communicate with you regarding the Services, your Shiftgig account and all services via your Shiftgig account or through certain other means including email, mobile number, telephone, or via delivery services including the postal service. You further agree that Shiftgig and its officers, directors, agents, investors, and employees have no liability connected with or arising from your failure to maintain current and accurate contact information including, without limitation, your failure to receive critical information regarding the Services.
You agree that Shiftgig and its officers, directors, agents, investors, and employees are not responsible for any incorrect or inaccurate content or information posted on the Services or in connection with the Services and no user should rely on any information therein or the continuation of the Services.
THE SERVICE AND ALL INFORMATION AND ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHIFTGIG, ITS OFFICERS, DIRECTORS, AGENTS, INVESTORS, AND EMPLOYEES, AND EACH OF THEIR RESPECTIVE AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS WILL IN NO WAY AND UNDER NO CIRCUMSTANCES BE RESPONSIBLE FOR ANY CLAIM, DEMAND, LOSS OR DAMAGE OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICE, WHETHER ONLINE OR OFFLINE. WE DO NOT CONTROL OR REVIEW USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT. SHOULD YOU BECOME DISSATISFIED OR HARMED BY THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT IN ACCORDANCE WITH THE ABOVE SECTION “TERM.”
We have no obligation to verify the identity of the individuals or users subscribing to the Services, nor do we have any obligation to monitor the use of Services by users. Therefore, we disclaim all liability for identity theft or other misuse of your identity or information. We are not responsible for the conduct, whether online or offline, of any user of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operations or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications, nor are we responsible for any problems or technical malfunctions whatsoever including, but not limited to, malfunctions of telephone networks or lines, computer online systems, servers or providers, computer equipment, software, failure of email, traffic congestion on the internet or at any website. Such malfunctions further include damage or injury to your or any other person’s computer or device relating to or resulting from participation or use of the Services.
We are not responsible for any communications occurring on the Services or as a result of any of the Services and make no representations or warranties as to the delivery of any messages. Further, we do not represent or warrant that your use of the Services will not infringe on the rights of third parties. Any material, service or technology described or used on the Services may be subject to intellectual property rights owned by third parties who have licensed such material, service or technology to Shiftgig.
Other than connecting with users for the purpose of receiving or providing a temporary job position or project, users are prohibited from using the Services for the purpose of recruiting for another website or soliciting, advertising to, or contacting other users for employment, contracting, or any other purpose for a business not affiliated with Shiftgig without the express written consent of Shiftgig. As previously noted, we reserve the right to terminate your account or use of the Services in our sole discretion at any time if you violate these Terms and Conditions. We further reserve the right to take appropriate legal action including, without limitation, civil or criminal actions, and requesting injunctive relief.
You agree to first try to resolve any dispute informally by contacting us at email@example.com. We will respond to you by email and attempt to resolve disputes you submit to us. If a dispute you present to us is not resolved within 30 days of the first email submission regarding the dispute, formal proceedings may be initiated according to the following terms.
Shiftgig provides assistance to its users through its Community Success Representatives. Communications between you and our Community Success Representatives may be recorded for quality assurance purposes and you are prohibited from being abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise inappropriate toward our Community Success Representatives. We reserve the right to immediately terminate your account, and you will not be entitled to any refund, if we, in our sole discretion, feel that you have mistreated our Customer Services Representatives in any way.
Under California Civil Code Section 1789.3, California Services users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.