3. Spark Hire Services - What are the Spark Hire Services?
3.4 Video Content and Services – How and when do you record videos?
4. Pricing, Payments, and Billing – How and when will I be billed for Spark Hire Services?
5. Customer Conduct
6. Objectionable Content – What if I find content to be objectionable?
7. Intellectual Property
8. DMCA Policy
9. Reserved for Future Use
10. Resale of Services
12. Disclaimer of Warranties
13. Third Party Links and Products
14. Limitations of Liability
15. Exclusions and Limitations
17. General Terms
“Account” means “Spark Hire Account.”
"Apps" means any applications developed by Spark Hire.
"App Services" means any content and services provided by Spark Hire through its Apps.
"Consumer" means any individual or entity that uses any of the Spark Hire Services. Where applicable, the term "Consumer" shall encompass all Spark Hire Customers.
"Content" means all material, whether publicly posted or privately transmitted, available on or through any of the Spark Hire Services.
“Customer Content” means any Content uploaded to and/or created through the Spark Hire Services by a Spark Hire Customer.
“Employer Customer” means an entity using Spark Hire Services that is seeking to hire an individual as an employee and/or independent contractor to be employed by it directly.
“Job Seeker Customer” means an individual using Spark Hire Services who is seeking to be employed as an employee or independent contractor by an employer.
“Profile Video” means a promotional video created by a Job Seeker Customer to promote themselves as a candidate employee and/or independent contractor. It is not an interview. The Job Seeker Customer completes this independently and on their own.
"Software" means any necessary software used in connection with the Spark Hire Services.
“Spark Hire Account” means an account associated with a Spark Hire Customer who uses or has used Spark Hire Services.
“Spark Hire Content” means any Content excluding Customer Content and Video Content in which Spark Hire does not participate.
“Spark Hire Customer” means any person who uses or has used Spark Hire Services including, but not limited to, Employer Customers, Job Seeker Customers, and Staffing Customers.
"Spark Hire Services" means the suite of features, products and services offered through Spark Hire, its Apps, its App Services, the Website, and the Website Services.
"Spark Hire Trademarks" means any trademarks, tradenames, logos, and other commercial designs of Spark Hire or licensed to Spark Hire, whether or not formal registration exists including, but not limited to, “Spark Hire.”
“Staffing Clients” means third-party employer clients of Staffing Customers.
"Staffing Customer" means a staffing company using Spark Hire Services that provides staffing services to their own Staffing Clients.
"Strategic Partners" means those trusted partners that Spark Hire employs, engages, or retains to perform functions and/or provide services on its behalf.
"Sub Accounts" means subsidiary accounts created for or by an Employer Customer or Staffing Customer (“such as a consultant group or employer”) under its primary account.
"Username" means the valid email address provided by each Spark Hire Customer to be used as their username or login identification.
“Video Content” means any video content created by or associated with any Spark Hire Customer accessible on and through Spark Hire Services including, but not limited to, Profile Videos, Video Questions, Video Interviews, and Welcome Videos.
“Video Interview” means an interview completed through Spark Hire Services using a video or “web” camera that an Employer Customer or Staffing Customer requests a Job Seeker Customer complete. A Video Interview may involve a Job Seeker Customer alone or with other participants from an Employer Customer or Staffing Customer. A Video Interview may be pre-recorded by a Job Seeker in response to questions or occur live at which time it would be recorded.
“Video Question” means a question recorded in video and audio that can be sent to potential employee and independent contractor candidates by an Employer Customer or Staffing Customer.
"Website" means all of the content, information and services (in any format whatsoever) accessible through the World Wide Web at the domain name sparkhire.com.
"Website Services" means the services provided by Spark Hire through the website at the domain name sparkhire.com, hire.li, and any of our other websites that may be used from time to time.
(C) As otherwise required by law.
3. Spark Hire Services.
3.1 Spark Hire provides Internet based services through which employers and staffing companies seeking employees and independent contractors can efficiently and effectively review and interview candidates.
3.2 Spark Hire provides Spark Hire Services through its Apps and Website, and all other suite of features, products and services offered through Spark Hire from time to time.
3.3 Spark Hire will not sell any Video Content to any third party.
3.4 Video Content and Services.
Spark Hire provides its Spark Hire Customers a variety of video options and tools to use in association with the Spark Hire Services. As a Staffing Customer, you can create Welcome Videos, Video Interviews, and Video Questions.
A Welcome Video is a promotional video you create to promote your company and/or one of your Staffing Clients to a potential employee and/or independent contractor candidate. It is not an interview.
You can create a Welcome Video through Spark Hire Services using your webcam and microphone. Alternatively, you can embed a video you previously created and use it as your Welcome Video.
If you choose to create and publish a Welcome Video using your webcam and microphone through Spark Hire Services, you authorize Spark Hire to record the Welcome Video and publish it on Spark Hire as part of branding for your account and/or one of your Staffing Clients. So long as the Welcome Video remains in your account, Job Seeker Customers can view your Welcome Video if (a) the Job Seeker Customer interviews for a specific position and (b) the Welcome Video has been connected to that specific position. You can delete or re-record a Welcome Video at any time.
Depending on your account, you may create more than one Welcome Video.
Spark Hire offers three ways in which job prospects can provide you with video interviews. All of the video interviews created through Spark Hire Services for you remain confidential.
A One-Way Interview involves a job candidate recording video answers to your questions on their own time through Spark Hire Services.
A Live Interview occurs when you connect with a job candidate in real time through your webcam and microphone.
An Open Interview is similar to a One-Way Interview except that you can send your candidates a link through which they can self-register for the Open Interview.
If you choose to participate in a Live Interview using your webcam and microphone through Spark Hire Services, you authorize Spark Hire to allow the participants in the Live Interview to see and hear you. You also authorize Spark Hire to record the Live Interview. Finally, you authorize Spark Hire to store your recorded Live Interviews on its servers in your Account.
Apart from Spark Hire, only you and those you have authorized to use your Sub Accounts (if any) will have access to your recorded Live Interviews. Job candidates cannot access your recorded Live Interviews. Spark Hire will not use your recorded Live Interviews for any purpose unrelated to your Account.
Spark Hire will not share or provide access to your Live Interviews to any third party absent a subpoena or court order. And, should Spark Hire ever be subpoenaed for content associated with your Account, Spark Hire shall provide you notice and an opportunity to file a motion objecting to any disclosure.
Given you will be using Spark Hire Services for employment related purposes, you agree not to use any content or information obtained in any Video Interview in violation of any applicable laws. Spark Hire cannot advise you or provide you guidance on these laws.
Job Seekers are expressly prohibited from creating their own recordings of Video Interviews. Spark Hire employs reasonable measures to prevent any unauthorized recording of Video Interviews.
Video Questions allow a potential employee or independent contractor candidates to see and hear one or more of your interview questions.
You can create a Video Question through Spark Hire Services using your webcam and microphone. If you choose to create and publish a Video Question using your webcam and microphone through Spark Hire Services, you authorize Spark Hire to record the Video Question and store it on Spark Hire as part of your Account. You can direct which job candidates see your Video Questions. You can delete or re-record Video Questions at any time.
In addition to Video Interviews, Job Seeker Customers will be able to produce Profile Videos for targeted Employer Customers and Staffing Customers to view.
Spark Hire may add additional types of video content from time to time.
3.5 No Guarantees of Employment
Spark Hire is not an employment agency. Spark Hire does not make any representations as to the qualifications of any individual, entity or employer.
Additionally, where an individual, entity, group or employer successfully secures employment, Spark Hire makes no guarantees or representations as to the satisfaction of such employment.
Additionally, Spark Hire does not guarantee that any individual or entity will find employment or an employee through Spark Hire Services.
4. Pricing, Payments, and Billing
4.1 Pricing. Spark Hire reserves the right to change the prices for any of the Spark Hire Services including, but not limited to, any prices associated with subscription service plans at any time. Should Spark Hire change any pricing, Spark Hire shall provide its existing Spark Hire Customers with at least thirty (30) days notice consistent with Section 17.17.
4.2 Method of Payments. To purchase Spark Hire Services, you must provide Spark Hire with a valid credit card or checking account debit information. Spark Hire presently accepts payments from Spark Hire Customers using a secure connection. Spark Hire reserves the right to choose the forms of payment accepted for Spark Hire Services, to refuse select forms of payment, to refuse service to anyone, and to add or remove particular third parties from whom it will accept payments.
4.3 Advance Billing.
Spark Hire bills in advance for Spark Hire Services on a recurring basis.
Spark Hire may, in its sole discretion, provide you with monthly, quarterly, semi-annual, and/or annual subscription service plans from which to choose, depending on your payment method, account history, and/or account preferences.
Should Spark Hire provide you with a subscription service plan that encompasses more than one month (quarterly, semi-annual, or annual), Spark Hire may, in its sole discretion, provide you the option to pay for the entire subscription service plan in one or multiple advance payments, depending on your payment method, account history, and/or account preferences.
By choosing your subscription service plan, method of payment, and applicable billing cycle, you authorize Spark Hire to use the form of payment specified in your account preferences or settings to bill you automatically in advance for the chosen Spark Hire Services on a recurring basis for each applicable billing cycle until your account has been cancelled and the applicable subscription plan has concluded..
Should you decide to cancel your account, your account will be effectively cancelled after the conclusion of your then-existing service plan.
4.4 Renewals. For the convenience of its Spark Hire Customers, Spark Hire automatically renews subscription plans.
4.5 No Refunds. Spark Hire does not refund purchased services. Consequently, there will be no refunds for periods where Spark Hire Services were unused should your account be cancelled including, but not limited to, period of dormancy or time remaining on subscription plans. Moreover, should you enter into a quarterly, semi-annual, or annual subscription plan wherein you make monthly payments, you agree to make monthly payments for the entire term of your subscription plan whether you use or cancel the Spark Hire Services prior to the expiration of your subscription. Consequently, Spark Hire cannot cancel or refund monthly payments associated with subscription plans.
4.6 Timing of Payments. Payments must be authorized and/or made at the time of purchase. Where you enter into a subscription plan with monthly or periodic payments, the payments will be made automatically in advance of each month or period.
4.7 Taxes and Other Excluded Fees. Payments for Spark Hire Services do not include taxes, levies, withholdings, or duties imposed by taxing authorities or other applicable third parties. You are responsible for the payment of all such taxes, levies, withholdings or duties.
4.8 Insufficient Funds and Chargebacks. Spark Hire processes all payments to it through a third party. Should your payments be cancelled or reversed because of insufficient funds or chargebacks, you will be responsible for any charges and/or penalties implemented by these third parties to you and/or Spark Hire.
5.1 Lawful Purposes.
Spark Hire Services shall be used for lawful purposes only.
You hereby affirm that your organization is an equal opportunity employer, offering employment without regard to race, color, religion, sex, national origin, age, sexual orientation, disability, or citizenship unless legally required.
You shall be responsible for complying with all applicable regulations, statutes, laws and guidelines relating to hiring, interviewing, and recruiting employees as well as any matters related thereto.
5.2 Accurate Information. You agree to provide Spark Hire with true, accurate and current information as requested when registering for Spark Hire Services and/or purchasing products from Spark Hire.
5.3 At time of registration, you must provide certain information that identifies you to other Spark Hire Customers. In doing so, you may not violate a third party's intellectual property rights or use names that happen to be offensive or inappropriate.
5.5 You shall be solely and entirely responsible for any and all use of the Spark Hire Services through your Account. Consequently, we recommend and require that:
(A) You not permit any other person to use your Spark Hire Account, except for those authorized individuals provided with their own Sub Accounts;
(B) You do not assign or transfer your Account or its login information to any other person or entity; and,
(C) You promptly inform Spark Hire of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Spark Hire Account or its login information.
5.6 Reserved for Future Use.
5.7 You agree that you shall not use Spark Hire Services for any of the following:
5.7.1 Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder;
5.7.2 Intentionally violating any intellectual property rights of a third party;
5.7.3 Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;
5.7.4 Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by Spark Hire in its sole discretion;
5.7.5 Posting or transmitting, or causing to be posted or transmitted, via the Spark Hire Services any nudity;
5.7.6 Posting or transmitting, or causing to be posted or transmitted, via the Spark Hire Services any spam;
Spark Hire maintains a strict policy forbidding any spam or misuse of email services within its Spark Hire Services.
5.7.7 Posting or transmitting, or causing to be posted or transmitted, via Spark Hire Services any materials advertising any business other than Spark Hire;
Additional and/or different rules may apply in the event Spark Hire dedicates a special forum in the future to the promotion and/or offering of services by Spark Hire Customers.
5.7.8 Seeking to obtain private financial information from any Consumer;
5.7.9 To impersonate any other person;
5.7.10 To provide any false information;
5.7.11 Registering or attempting to register an account with Spark Hire without its express authorization after having been terminated or suspended by Spark Hire for any reason; and/or
5.7.12 Attempting to interfere with Spark Hire's security measures.
5.8 Should you believe that a Spark Hire Customer or person has violated any of the foregoing prohibited uses in 5.7, you should immediately notify Spark Hire via email@example.com.
5.10 You assume all liability for anything purchased using Spark Hire Services through your Account, whether intended for you or for a third party.
5.11 Cancellation of Account.
To effectively cancel your Account, please contact us at firstname.lastname@example.org for assistance. Upon doing so, the cancellation of your Account will take place promptly.
Upon cancellation, all of your Content may be deleted permanently. Spark Hire shall not be responsible for the loss of any Content due to the cancellation (or termination) of a Spark Hire Account.
Spark Hire is not responsible should an Account remain active if the cancellation procedure described above is not followed.
5.12 Termination of Account.
Spark Hire reserves the right to refuse its Spark Hire Services to anyone should it believe that the Spark Hire Services have been abused. For a non-exclusive list of what Spark Hire considers abuse, you should refer to Section 5.7 above. Though specific prohibited items have been listed, Spark Hire reserves the right to consider any action or conduct inconsistent with the intended use of Spark Hire Services to constitute abuse.
Additionally, Spark Hire may terminate a Spark Hire Account immediately in the event that Spark Hire believes, in its sole discretion, that a Spark Hire Customer is "flooding" the Spark Hire Services.
Spark Hire also reserves the right to suspend or terminate a Spark Hire Account should Spark Hire become involved in pending litigation or other similar dispute with a Spark Hire Customer in relation to the Spark Hire Account, or for any other reason. Should a Spark Hire Customer become involved in litigation or other similar dispute in relation to a Spark Hire Account, Spark Hire also may suspend or terminate the Spark Hire Account immediately and without notice.
Should Spark Hire become aware of litigation relating to a Spark Hire Account, Spark Hire reserves the right to preserve Content associated with the Spark Hire Account.
5.13 Consequences of Termination.
Should your Account become terminated, Spark Hire may, in our sole discretion and without liability to You, remove and discard any information associated with your Account including, but not limited to, any Content or Customer Content.
Should your Account become terminated, you will remain solely responsible for all liabilities that may have arisen or arise from your Account and/or its termination.
Spark Hire shall not be liable to you or any third-party for any termination of your Account or your use of the Spark Hire Services.
Any Spark Hire Customer whose Account has been terminated by Spark Hire may not access the Spark Hire Services without the prior express written permission of Spark Hire.
Spark Hire may also refuse registration, terminate an account, and/or refuse Spark Hire Services to any person who registers or attempts to register an account with Spark Hire without authorization after having had an account previously suspended or terminated by Spark Hire. In particular, should Spark Hire identify this person by any means (including, but not limited to IP addresses), it reserves the right to refuse or terminate registration.
5.14 Should the Spark Hire Services become terminated globally for any reason, all Spark Hire accounts shall be terminated immediately, without any prior notifications by Spark Hire.
6. Objectionable Content.
Spark Hire is not responsible for any false, defamatory, libelous, or slanderous Content posted by its Spark Hire Customers. If you believe any Content violates your rights or those of a third party in any way, you may contact Spark Hire via email@example.com.
7. Intellectual Property Rights
7.1 Software. Spark Hire Services and any necessary software used in connection with the Spark Hire Services ("Software") contain proprietary and confidential information protected by applicable intellectual property and other laws. Spark Hire or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. No title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software. Except as expressly authorized by Spark Hire or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.
Spark Hire shall possess and retain all copyrights to content created by Spark Hire (“Spark Hire Content”). Spark Hire may use content obtained from third party sources. All rights to such third party content remains with the owners of such third party content.
You shall possess and retain all interest in your Video Content. However, you may only download Video Interviews if you purchase an annual subscription. Otherwise, you will have access to your Video Interviews, but cannot download them to your computers. Moreover, as stated elsewhere, any Video Content associated with an Account may be destroyed upon cancellation or termination of an account. All copyrights in Customer Content shall remain with the applicable owners of such copyrights.
By using Spark Hire Services, you provide Spark Hire a license to use your Customer Content and Video Content for purposes of providing Spark Hire Services in relation to your Account.
You agree to not use Spark Hire Trademarks or any mark that is confusingly similar to such trademarks. Nothing on or through the Spark Hire Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Spark Hire Trademarks. Spark Hire reserves the right to restrict the use of its name, system, logo, and trademarks. You agree to comply with any and all such restrictions.
For purposes of displaying your Account and content associated with it, you permit Spark Hire to use your name and trademark, if applicable. You also allow Spark Hire to use your name and trademark in a manner consistent with fair use. Upon receiving written request consistent with Notices provided herein, Spark Hire will remove your name and/or trademark except as necessary to continue providing you with Spark Hire Services.
All other companies' names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to Spark Hire. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Spark Hire Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
7.6 Unauthorized Access or Circumvention. As stated above, Spark Hire takes the privacy of its Spark Hire Customers very seriously. In this context, it also takes seriously any effort to circumvent the technology it has implemented to protect the privacy and the security of information on its servers. Should any person attempt to obtain or obtain unauthorized access to Spark Hire servers and/or should any Spark Hire Customer attempt to exceed or exceed his/her/its authorized access to Spark Hire servers, Spark Hire shall consider such conduct to violate the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, which provides for civil and criminal penalties. Additionally, depending on the circumstances, such conduct could also violate the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et eq. and the Stored Communications Act, 18 U.S.C. § 2701, et seq., both of which also provide for civil and criminal penalties. Spark Hire considers the unauthorized access to and/or download of any Video Content fall within the scope of this prohibited conduct. Moreover, Spark Hire shall consider any approval or knowledge of a third party’s efforts to engage in the foregoing prohibited conduct as wilful cooperation in such conduct.
8. DMCA Policy
8.1 Spark Hire respects the intellectual property rights of others and prohibits anyone from uploading, posting or otherwise transmitting through Spark Hire Services any materials that violate another party's intellectual property rights. When Spark Hire receives proper Notification of Alleged Copyright Infringement as described herein, it promptly removes or disables access to the allegedly infringing material and terminates the accounts associated therewith as described herein in accordance with the Digital Millennium Copyright Act ("DMCA").
8.2 If you believe that any material on or through the Spark Hire Services infringes upon any copyright which you own or control, you may send a written Notification of Alleged Copyright Infringement to our designated DMCA Agent identified below.
8.3 If you believe that your own copyrighted work is accessible on or through the Spark Hire Services in violation of your intellectual property rights, you may provide our designated DMCA Agent with a Notification of Alleged Copyright Infringement as set forth in the DMCA that contains substantially the following information:
(A). Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that Spark Hire can locate the material;
(B). Identify the URL or other specific location on the Website or Spark Hire Services that contains the material that You claim infringes your copyright described in Item 5.3(A) above;
(C). Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
(D). Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(E). Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner's behalf; and,
(F). Include your name, mailing address, telephone number and email address.
8.4 You may send your Notification of Alleged Copyright Infringement to our designated DMCA Agent by fax, mail, or E-Mail as set forth below:
Spark Hire, Inc.
1500 Skokie Blvd., Suite 101A Northbrook, Illinois 60062
Fax to: 800 219 0462
8.5 Spark Hire has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers. Spark Hire may also in its sole discretion limit access to the Spark Hire Services and/or terminate the use thereof by anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
A single arbitrator shall be agreed upon by the parties or, if the parties cannot agree upon an arbitrator within thirty (30) days, then the parties agree that a single arbitrator shall be appointed by the American Arbitration Association. The arbitrator may award legal fees (including, but not limited to, attorneys' fees, paralegal fees, etc.), expenses, and costs as part of the award.
Any award issued as a result of the arbitration shall be binding and may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly. All costs and expenses of the arbitration, including reasonable legal fees (including, but not limited to, attorney's fees, paralegal fees, etc.), shall be allocated among the parties as determined by the arbitrator.
Notwithstanding the foregoing, either Party may, at its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief) and, additionally, the provisions of this Section may be enforced by any court of competent jurisdiction.
17.7 Intentionally Omitted.
17.10 Legal Advice Not Provided. You acknowledge and agree that Spark Hire has not and will not provide you with any legal advice on any subject, but particularly with respect to compliance with employment, data privacy, or other relevant laws, rules, or regulations. You agree not to construe any Spark Hire communications as legal advice.
17.14 Statute of Limitations. To the extent permitted by law, any claim or cause of action arising out of or related to use of the Apps, Website, and/or Spark Hire Services shall be filed within one (1) year after such claim or cause of action arose. To the extent permitted by law and as applicable, any claim arising from the publication of any content on or through the Apps, Website, and/or Spark Hire Services shall accrue on the first date of publication.
17.18 Restricted Locations.
The Apps, Website, and/or Spark Hire Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
Apps, Website, and/or Spark Hire Services may not be used by and is not directed at any country or region currently embargoed by the United States. By using the Apps, Website, and/or Spark Hire Services, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.
You agree to comply with all local rules regarding online conduct and what Spark Hire deems, in its sole discretion, acceptable content. For examples of prohibited content and conduct, refer to Section 5.7 above.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.