Welcome to SIFTLY.COM, provided to you by SIFTLY.COM, LLC (“SIFTLY”, “we” or “us”). This website is an online platform through which job searching candidates (referred to as “Talent”) can create a profile to make themselves available to employers and third party recruiters (referred to as “Recruiters”) who use our recruiting services to find the most suitable talents for their clients/organization (the “Service”). Both talent and recruiters shall be deemed “Users” for the purposes of this Agreement.
SIFTLY reserves a discretionary right to edit, modify, append or replace these terms and conditions at any time. The modified ‘Terms of Service’ shall become effective after a notification (posted on this webpage or notified through email), and supersede all previous terms and conditions. SIFTLY will take appropriate measures to inform its users about these changes, but it shall be your obligation to regularly check its Terms and Conditions page and remain aware of the changes that might take place over time. Continued use of this website or any services after such modifications shall be deemed as your explicit and unconditional consent to accept the modified terms of service.
When you create/list your member profile on this website and post your profile information or job postings (collectively referred to as Content), you shall retain the ownership over your content, but grant a non-exclusive yet perpetual and royalty-free license to your content so that we may help you to find the most suitable jobs/candidates on this website.
When you use our recruiting service or submit your profile information/job postings on this website, SIFTLY™ and its collaborating partners shall be entitled to a worldwide, perpetual, irrevocable, freely transferable, sub-licensable and royalty-free rights for all user-generated content that is being shared, communicated or published on SIFTLY.COM, or other community forums and social media platforms being supported/sponsored by its collaborating partners. SIFTLY and its collaborating partners shall reserve unlimited rights to host, store, use, reproduce, distribute, display, publicly perform, publish, modify, and create derivative works of such content in any form, media or technology, whether now known or hereafter developed, for the purposes of operating, marketing, promoting, and improving our website and our Service.
Except as otherwise provided in this section, all forms of publication, redistribution or retransmission of the content on this website shall be prohibited, unless you retain the express consent of the content owner.
The website and the Service are proprietary to SIFTLY, and are protected by intellectual property and other laws. You should acknowledge that all user profiles, including the profile information and job descriptions (collectively referred as SIFTLY Materials), and software applications, specific features or services being offered on this website are fully protected as a collective work and/or compilation pursuant to United States copyright laws and international conventions, and all rights, titles and interests in and to such collective work and/or compilation, as a whole, shall vest with SIFTLY. However, your submitted content that contributes to such collective works and/or compilations, shall be used as per the provisions in the Section 1.1 above.
Besides the collective work and compilation, the logos, page headers, button icons, scripts, graphics and entire website presentation, including the brand names that have been used on the website in connection with our services are exclusive trademarks of SIFTLY.COM. SIFTLY™ is a trademark of SIFTLY.COM, LLC. You may not use any SIFTLY logo or any other proprietary graphic or trademark without our express written consent.
Any reproduction, modification, or creation of derivative works based on the website or the Service (or any portions thereof) without the express written consent of SIFTLY is prohibited. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the website.
Access to SIFTLY.COM, or use of its recruiting service shall be voluntary, but you are required to subscribe/ register as a member for creating your talent/recruiter profile, listing your profile/job postings, searching suitable talents/recruiters and using other features/value-added services being offered, or proposed to be offered on this website, or the websites of its collaborating partners. However, SIFTLY reserves a discretionary right to disallow the use of certain usernames or suspend a username at any time.
Your membership/subscription to this website shall be personal and non-transferable.
When you submit your personal information or complete your member profile on this website, it shall be deemed as your warrant that:
If we believe or become aware at any point that the submitted information is untrue, inaccurate, not current or incomplete, and you are trying to create a fabricated/fraudulent account on this website, we may exercise our discretionary right to suspend/terminate your account and prevent you from using our services in the future. SIFTLY reserves the right to edit user profiles should any inaccurate user data be detected.
Accessing SIFTLY.COM, and posting, publishing, communicating or sharing profile information or job descriptions through its recruiting service shall be deemed that:
SIFTLY reserves a discretionary right to charge for its services. At present, the participating talents/recruiters shall be allowed to create their accounts for free. However, SIFTLY shall charge a matching fee from the participating recruiters.
The participating recruiters shall consent that their credit cards/payment instruments will be automatically charged (a matching fee of $300) for each job post. However, this matching fee shall be refunded automatically when there are not at least three candidates (talent) matched or submitted within 30 days.
SIFTLY reserves a discretionary right to delete your account and block further use of the website or service. In case your account is terminated due to a breach of this agreement, SIFTLY reserves a discretionary right to forfeit the matching fee without any offset or refund of any kind.
Our ‘no question asked money-back guarantee' applies exclusively to first time job posts. If a recruiter / job poster is not 100% happy with the experience of using SIFTLY.COM for any reason for the first time, we’ll refund the charged credit card 100%. To redeem our ‘no question asked money-back guarantee”, simply email to firstname.lastname@example.org with the subject line ‘Please refund me’. A refund can take up to 10 days to be processed.
When you access SIFTLY.COM, list your resume or job profile on its recruiting services being offered on this website, it shall be deemed as your consent that you will:
All user profiles, including the profile information and job descriptions, search features and other services being offered on this website are fully protected by respective copyright and trademark laws. You shall be entitled to access or download a member’s resume/job profile and related content for evaluating whether a particular candidate or job profile matches your requirement, but nothing on this website shall give you any ownership rights to edit, copy, reproduce, transfer, translate, reverse engineer, decompile, disassemble, create derivative works or redistribute the accessed/downloaded content (in any form or by any means) for selling, leasing, republishing or utilizing the content, in whole or parts thereof, without written permission from SIFTLY.COM. You shall never do anything or engage in activities that amounts to altering/removing proprietary notices or labels on the content or SIFTLY Materials.
You should acknowledge and consent that this website may temporarily become inaccessible or inoperable due to technical limitations, maintenance requirements, and unforeseen circumstances beyond the reasonable control of SIFTLY.
The disclaimer of warranties shall constitute an essential part of this agreement. Subject to the applicable laws and your non-excludable rights, we disclaim all conditions and express or implied warranties to the fullest extent possible, including but not limited to the warranties of merchantability, accuracy, reliability, availability, suitability for a particular purpose and non-infringement of proprietary rights.
Subject to your Non-excludable Rights, you should acknowledge that:
All statements, opinions, views, reviews, suggestions, recommendations, or other communications that are made or appear in any accessible sections of this website shall be deemed as non-confidential. You should acknowledge that the participating recruiters, business entities, forum hosts and managers or other content providers are not authorized spokespersons of SIFTLY, and their views do not reflect our official opinion or endorsement.
Nothing on this website or communications, tendered advice and recommendations from our support executives and SIFTLY Parties shall create any kind of implicit or explicit rights, conditions and warranties that have not been clearly mentioned in this agreement.
The verified and approved members should have a right to list their profile/job postings that may include profile information and job descriptions, collectively referred as the User Generated Content. SIFTLY reserves a right to monitor your activities on its recruiting service, community forums, social media platforms and other publicly accessible parts of the website, but it may not be possible to review everything about talent/recruiters and the use of its services. Therefore, it shall be your responsibility to ensure that your profile and posted, published, shared or communicated content adheres to our policies. SIFTLY shall take corrective measures only when it becomes aware about any violations or infringements of third party rights.
You should acknowledge that your profile information/job description is not screened, edited, censored or otherwise controlled by SIFTLY. Notwithstanding the foregoing, SIFTLY reserves a discretionary right to monitor and remove any User Generated Content at any time, without giving any prior notice for such removals. When SIFTLY believes or becomes aware at any point that posted, published, shared or communicated content does not comply with its guidelines or applicable laws, it may exercise its discretionary rights to edit, modify, delete or completely remove your content from this website. The following content shall never be tolerated on this website:
Accessing SIFTLY.COM, or posting, publishing, communicating or sharing profile information/jobs description and other information on its recruiting service, public forums and social media platforms shall be deemed as your warrant that:
You should acknowledge that fraudulent and unlawful activities on SIFTLY.COM are strictly prohibited. You shall be solely responsible for your content, submissions, and the way you use this website. You should always comply with applicable laws/regulations while accessing this website or using any services being offered on it. You should never use our recruiting service, social media platforms or any other service being offered on this website for the following activities:
You should acknowledge that SIFTLY reserves a discretionary right to:
SIFTLY.COM may contain ads or links to third party websites, but these websites are governed by their own policies. You are strongly advised to carefully review the terms and conditions of these third party websites and use your discretion while accessing any service being offered on these websites. The links to third party websites are included for improving the knowledge base of our users and honing their skills, but some sites may contain inaccurate information, false, libel or misleading advertising, bugs, viruses or SPAM, or information which violates copyright, defamation or other laws. You may even find these sites as inappropriate or offensive. We shall not be liable for any consequences that may occur due to your reliance on listed/published advertisements, products, services, information, codes, data or materials that are sourced/offered by these third party websites.
Publishing ads or posting links to third party websites doesn’t mean that we are endorsing or sponsoring their contents, products or services, irrespective of the fact that these websites are owned or run by our channel partners and business associates. SIFTLY does not control such sites and makes no representations concerning any effort to review the content of sites linked from or to, or listed on, the website. We disclaim all liabilities in matters related to your use of third party websites.
SIFTLY is only providing a recruiting service to facilitate a contractor-employer relationship between the participating members. SIFTLY shall never be a party to your contract or relationship with any talent/recruiter or third party service providers, irrespective of its role in transaction facilitation or dispute resolution.
You shall be solely responsible for your relationship, participation, correspondence or business dealings with the participating members or third party service providers being listed on the recruiting service or other sections of this website, whether this relationship, participation, correspondence or business dealing relates to your search for the right jobs/suitable employees or delivery of goods or services in exchange for the agreed payment. SIFTLY makes no representations concerning such dealings. You should acknowledge and consent that SIFTLY is not a party to any such dealings, and shall not be responsible or liable for any loss, damage or other matters resulting therefrom.
You shall indemnify SIFTLY and hold its collaborating partners, subsidiaries, affiliates, service providers, agents, executives and employees (Collectively referred as SIFTLY Parties) harmless from and against all liabilities, claims, damages or expenses, including but not limited to attorney’s fees and administrative charges that may arise due to:
SIFTLY shall not be held liable for any direct, indirect, minor, major, consequential, exemplary or special damages, including but not limited to, financial loss, low profits, loss of goodwill, data, credibility or other intangible losses that may arise in relation to your ability or inability to use the website or related services, links, information, advice, promises and/or other communications due to interruption, suspension, modification or termination of services, or negligence of duty, breach of contract, tort, strict liability or otherwise.
Some jurisdictions do not allow for any limitations of liability. In such jurisdictions, some of the foregoing limitations may not apply to you. However, in such cases, the total liabilities of SIFTLY or SIFTLY Parties shall never exceed the total amount of fees or subscription that you paid for using/receiving its services.
You shall consent to:
The rights and legal remedies that has been mentioned in section 8 (Indemnification) and section 9 (Waiver, Release and Limitation of Liability) shall apply to SIFTLY Parties to the fullest extent. SIFTLY Parties shall be entitled to directly enforce their rights under these sections.
SIFTLY reserves a discretionary right to terminate your account when it believe or becomes aware that you have violated any provisions of this agreement.
Your SIFTLY Account may also be terminated due to technical issues, discontinuation/modification of services or on requests from law enforcement agencies. When your account is terminated, you shall be disqualified to access any feature or service being offered on this website. All files, contents, and password associated with your account shall be deleted.
You should acknowledge and consent that your profile can be deactivated/suspended by our administrative staff at any time and without any compulsion to give an explanation of such suspension/termination, irrespective of the fact that you upgraded your subscription to join our premium members. No claims, refunds or damages shall be entertained on the grounds that your member profile has been deactivated or suspended.
All pending obligations under sections 1, 2, 3, 5, 6, 8, 9, 10, and 13 of this agreement shall survive, irrespective of the termination of your Account.
We acknowledge the contribution of our channel partners, affiliates, service providers and members who upload their profile, render valuable services and help us to provide premium features on this website. Whether the intellectual property rights are held by our contributors or the members of this website, we hold a very good faith that the users of this website will always respect your copyright and trademarks.
However, if you are confident that your copyright has been violated on this website, please write to us along with the following information, and we shall promptly address your concerns:
For infringement claims, please contact our agent designated to receive and act on violations under the Digital Millennium Copyright Act at email@example.com.
The provisions of this Agreement shall be interpreted in light of the employment/relevant laws in the State of California, without regard to principles of conflict of laws. Although, we are offering a global job marketplace, we are not representing that listed talents or offered job positions are suitable for your field and country. As a job seeker, it shall be your responsibility to ensure that you are legally allowed to work in the field that you have mentioned in your profile/resume. Similarly, prospective recruiters should ensure that offered job is legally allowed in their country. If people outside the United States choose to access this website or use our services, they shall do so at their own initiative and ensure legal compliance as per the law of the land.
The contracting parties to this agreement shall consent to resolve all their disputes through mutual negotiations, without resorting to any form of class action. However, the parties to this agreement shall submit before the courts with competent jurisdiction in Santa Monica, California, United States.
The provisions of this Agreement shall be severable. If any provisions of these 'Terms and Conditions' are declared void by the courts of competent jurisdiction, the new provision/s in harmony and spirits of impugned clause shall supersede, and the remaining provisions shall survive with the same legal force and validity.
You should acknowledge and consent that our inability in promptly responding against any possible infringement of our rights shall not be deemed that we have waived our right to enforce strict compliance in the future. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or constitute a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
The contracting parties to this agreement shall retain a right to raise a claim within one year from the cause of action, failing which the aggrieved party shall lose its right to raise any claim or initiate a cause of action.
If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
SIFTLY reserves a discretionary right to assign its rights and duties under this Agreement to any party at any time without notice to you.
All electronic disclosures, notices, communications and agreements in matters related to your access to our website or use of any services being offered on it shall have the same legal sanctity as on communicated in writing. However, SIFTLY may notify you by written communication delivered through first class U.S. mail to your registered mailing address. You may communicate or send notice to SIFTLY at firstname.lastname@example.org or write to its mailing address at:
SIFTLY.COM LLC, 3003 3rd Street, Suite 1, Santa Monica, CA 90405