Terms
Please carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of Liftoff’s (“Liftoff,” “Company,” “we,” “us,” “our,”) Platform. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following:
www.liftoff.xyz (our “Website”);
Liftoff (our “App”);
Any products (“Products”) available for purchase through our Website and/or our App; and
The services (“Services”) made available through our Website and/or our App.
The business support services, our Website and App are collectively referred to as our “Platform.”
Liftoff is intended for the following users and their respective use of Liftoff:
Connectors who introduce others who seek employment opportunities from the Employers who posted jobs on Liftoff.
Employers who seek Candidates for employment through posting jobs, receiving referrals, and accessing CVs on Liftoff.
Candidates who are being referred to an Employer’s job post through a Connector.
By clicking “I have read the Terms & Conditions,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use and our Privacy Policy. If you are using Liftoff on behalf of a third party, including, but not limited to, a business or commercial entity, you warrant that you are authorized to do so and have the authority to represent and bind that third party to the Terms of Use.
1. Ownership of the Platform
All pages, features and content within this Platform and any material made available for download are the property of Liftoff, or its licensors or suppliers, as applicable. The Platform is protected by United States and international copyright and trademark laws. The contents of the Platform, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Liftoff. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Liftoff without our express written consent.
2. Acceptable Use on our Platform
You agree that you will not:
Impersonate another person, or his or her email address, or misrepresent your current or former affiliation and or transaction with a company;
Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple user accounts;
Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms or, in case you represent a commercial entity, are not authorized to post;
Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in any applicable law, rule or regulation (and as determined by Liftoff);
Post Content that is defamatory, harassing, 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 threatening, racist or bigoted, or is otherwise objectionable (as determined by Liftoff); or,
Promote, endorse or further illegal activities.
3. Specific Terms for Connectors
As a Connector, you are introducing third party individuals (Candidates) to Employers. The following Terms are applicable to such process:
(1) You may not refer any individuals who have not consented to such referral.
(2) You may not falsify any information about the individual(s) you are referring. All information provided may only be provided as per the best of your knowledge and be of an existing person.
(3) If you refer yourself, Liftoff will not pay out the Reward.
(4) You agree that you will not:
a) Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party; or
b) Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third party.
You assume all liability and responsibility regarding the truthfulness and accuracy of information provided through you about the referred individual. When referring, all information you provide about a referral is as truthful and accurate as to the best of your knowledge. You further assume all liability and responsibility regarding your referred Candidate’s consent of being referred to the Employer and to have the referred Candidate’s profile and CV added to our Platform and database accessible by the Employer you shared it with. Without limiting the generality of the foregoing, you represent and warrant that you have the legal right and authority to provide all information, including personal information, that you provide to Liftoff and/or Employers regarding the Candidate.
You may only be eligible for a financial reward (“Reward”) if the Employer:
(1) Has created a search for the job opening to Liftoff;
(2) Is introduced to the Candidate by you, in compliance with the Terms of Use, through Liftoff and has not previously known the individual, whereas for the proof of such knowledge Liftoff will rely on information provided by the Employer;
(3) Has retained the Candidate for 90 days from the date the Candidate joined the Employer.
In the case of multiple Connectors, if a dispute arises over who is entitled to the Reward, Liftoff will rely on information provided by the Employer (e.g., the hiring manager). Liftoff is not responsible nor liable for any disputes that arise between Connectors.
Additionally, Liftoff shall have no liability to any connector or for any reward in the event and to the extent Liftoff is not paid by the employer for the applicable position and candidate.
Additional payment terms and conditions with respect to Rewards are provided on the Platform.
4. Specific Terms for Employers
If you hire or professionally engage (regardless of the nature and conditions of such engagement) a Candidate who has been referred to a job you posted on Liftoff within 9 calendar months of the date of Referral, and whom you did not know at the time of the referral you are liable to pay Liftoff the indicated Reward for the Job that the Candidate has been referred to. All Rewards and Employer’s liability for Rewards are non-refundable after they have been approved by the Hiring Manager and paid out to the Connector(s).
5. License to use our App
Liftoff grants to you a nontransferable license to use the App on devices that you own or control. Liftoff reserves all rights in and to the App not expressly granted to you under this Agreement. The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the App as well as upgrades provided by Liftoff that replace or supplement the original App, unless such upgrade is accompanied by a new or revised Agreement. You may not transfer, redistribute or sublicense the App and, if you sell your device to a third party, you must remove the App from the device before doing so. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App).
A. Limitations on License. The license to use our App is restricted as follows:
Limitations on Copying and Distribution. You may not copy or distribute the App except to the extent that copying is necessary to use the App for purposes set forth herein.
Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the App, except to the extent expressly permitted by applicable law.
Sublicense, Rental and Third Party Use. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the App, or directly or indirectly permit any third party to copy and install the App on a device not owned and controlled by you.
Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the App or its documentation.
Use in Accordance with Documentation. All use of the App must be in accordance with its then current documentation, if any, provided with the App or made available on Liftoff’s website.
Confidentiality. You must hold the App and any related documentation in strict confidence for your own use only.
Compliance with Applicable Law. You are solely responsible for ensuring your use of the App is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.
B. Account Set-Up and User Information.
You agree to: provide true information when registering to use the Site and establishing your account, and all other or additional information you input or load into the Platform in connection with your use of the Platform (collectively “User Information”). If you provide any User Information that is untrue Liftoff has reasonable grounds to suspect that such information is untrue Liftoff suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account.
6. Payments, Subscriptions, and Termination
6.1 Online Payments
You can purchase services on the Platform. We accept credit and debit cards issued by U.S. banks. If a debit or credit card account is being used for a transaction, Liftoff may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
6.2 Subscriptions
Customers may need to purchase a subscription to the Platform to access certain services. All subscription descriptions, pricing, and services are set forth on the ordering page on the Platform (“Ordering Page”). Customer’s subscription will renew automatically at the then-current rates for additional periods as set forth on the Ordering Page or if not specified thereon. Company reserves the right to change subscription prices at the end of each subscription term and provide notice of the change 30 days in advance of the end of Customer's current term via the Platform or an email to the Customer.. Customer’s continued use of the services after the price change becomes effective constitutes Customer’s agreement to pay the changed amount upon renewal of your subscription and Customer will automatically be charged at the start of each new subscription period in accordance with Section 3.(a) Customers may cancel their subscription by emailing support@liftoff.xyz at least two business days before the subscription period renewal date. Subject to the foregoing period noted to avoid renewal charges, Customer may opt-out of automatic renewal by providing written notice to Company 30 or more days in advance of the end of Customer's existing term and will be permitted to access and use the services for the remaining period in the then-effective subscription term. All subscription fees are non-refundable and no credits shall be given for any partially used periods.
6.3 Termination
The term of this Agreement will commence on the effective eate and continue for the initial term set forth in the Ordering Page, and shall automatically renew for additional periods as set forth on the Ordering Page or if not specified thereon, then annual periods, unless either Party provides written notice of non-renewal at least thirty (30) business days prior to the end of the then-current term. In addition, a Party may terminate this Agreement immediately if the other Party breaches any material provision of this Agreement and does not cure such breach within fifteen (15) days after receiving written notice thereof. Furthermore, Company reserves the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) for any reason, including but limited to changes in applicable law and government mandates.
7. Links to Other Sites
Liftoff makes no representations whatsoever about any other website that you may access through the Platform. When you access a non-Liftoff website, please understand that it is independent from Liftoff, and that Liftoff has no control over the content on that website. In addition, a link to a non-Liftoff website does not mean that Liftoff endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Platform, you do this entirely at your own risk.
8. User Generated Content Reviews, Feedback and other Postings to the Platform
If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Platform (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other users of the Platform through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Liftoff that you have the legal right and authorization to provide all User Generated Content to Liftofff or the purposes and Liftoff’s use as set forth herein. Liftoff has a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Liftoff desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Liftoff is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Liftoff does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Platform. You grant Liftoff the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Liftoff and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold Liftoff harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Liftoff arising out of any User Generated Content you post or allow to be posted to the Platform.
9. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our Platform. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Liftoff respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Liftoff’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Platform
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Platform by sending us a notice ("Notice") complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Platform where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Copyright Agent:
Joe Derrigo
Foley & Lardner LLP
3000 K St NW Washington Harbour
Washington, DC 20007
10. Disclaimer of Warranties
Liftoff does not warrant that access to or use of the platform will be uninterrupted or error-free or that defects in the platform will be corrected. These platform, including any content or information contained within it or any service related to the platform, is provided "as is," with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. Liftoff does not warrant the accuracy, completeness or timeliness of the information obtained through the platform.
You assume total responsibility and risk for your use of the platform, platform-related services, and linked websites. Liftoff does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security.
11. Limitation of Liability Regarding Use of the Platform
In no event shall Liftoff or its representatives be responsible nor liable to you or any third parties for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to your use of Liftoff, Liftoff-related services, content or information contained within the platform, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the platform, platform-related services, and/or linked websites is to stop using the platform and/or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum aggregate liability of Liftoff to you with respect to your use of the platform is $500 (five hundred dollars).
12. Dispute Resolution
In the event of any dispute or claim relating to the Platform or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in and for Kings County, Brooklyn, in accordance with New York law.
13. Revisions; General
Liftoff reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Liftoff and you pertaining to the subject matter hereof. In its sole discretion, Liftoff may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.
14. Contact Us
If you have any questions, concerns, complaints or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below.
How to Contact Us:
Liftoff Platform Inc
188 Grand Street
2nd Fl #1094
New York, NY 10013
(718) 750-4670
support@liftoff.xyz