(Last Updated: November 1, 2015)
Zippia, Inc. is a San Francisco-based company that has been incorporated in the State of Delaware. We are attempting to provide people with the information and tools to achieve their career aspirations. We run Zippia.com, the most comprehensive career information resource available.
For convenience, after this point we will refer to Zippia, Inc. using terms such as “Zippia”, “Zippia.com”, “the site”, or occasionally “we”, “us”, or “our”, and we will refer to you, the user, with phrases such as “you”, “your”, or sometimes the “user” or “users”. This agreement applies to basically anyone on our website: both general visitors (non-registered users) and registered users (members).
The purpose of these Terms is to protect us from people misusing our site or the information contained on our site. So, this agreement will set out what you can and can’t do, what we can and can’t do, and what happens in the event that you break this contract. We’ll talk about things like your use of our services or information, member obligations, etc. We’ll also give you a little background about Zippia. If you do not agree to these Terms, you may not use Zippia.com in any capacity. Ready to dive in?
You are also agreeing to abide by our proper use policies, which are set out below. We have broken down this section into general use terms, which are the basic policies that everyone must follow, even visitors. However, there are a few additional requirements for registered users/members; and a separate section that covers additional requirements for employers or others who contribute to our job postings list.
As a general user of Zippia.com, you agree:
We hope that each and every one of you will become a registered member of Zippia.com. However, it does come with a few additional conditions beyond what is set out in the rest of these Terms. For the most part, these conditions are for the convenience and protection of all of our members. If you break any of these rules, we may take any actions we consider to be appropriate, ranging from restricting your service to terminating (ending) your membership. We know you’re excited to read these conditions, so here they are:
As a registered user or member, you agree:
Zippia runs and maintains a job board, where employers can post jobs and users can search for open jobs. This means that any employers or potential employers who are posting on Zippia.com (or otherwise contributing content) are further bound by additional requirements.
If you use Zippia.com as an employer or otherwise contribute to our job board, you agree:
Now that we’re clear on the policy, let’s talk about the rights and privileges that Zippa, Inc. will have. As a business, we have to reserve certain rights in order to make the user experience as pleasant as possible for everyone, and to keep our company up-to-date with the best information available.
First, let’s talk about user-generated content (“UGC”). UGC can be thought of as anything that you, the user, either submit to Zippa or give Zippia access to. Let’s say that you post a photo of your office on your member profile. Who owns that photo?
For any UGC hosted on or accessed by Zippia.com, you, as the user who shared it or otherwise gave Zippia access, retain ownership of the content. However, you agree to grant Zippia a non-exclusive license to your UGC, which we can use for commercial or non-commercial use. What this means is that Zippia essentially shares ownership of the content. You have the right to do whatever you want with the content (with some limits—for example, you couldn’t sell an exclusive license to a third party), but so does Zippia. This also means that you can only share content that you have the right to share. Zippia reserves the right to remove any content at our discretion, for any reason.
Second, let’s talk about some special circumstances that could result in your information being available to Zippia. Should you choose to log in or register via a third party (for example, by using Facebook, LinkedIn, Google+, etc.), Zippia will have access to any public information on the associated profile. Any of this public information is considered to be content that you shared with Zippia, and so all UGC rules apply.
Lastly, Zippia has the right to terminate service at any time, for any reason. Our services may be discontinued or changed with or without notice, although we will attempt to keep our users up to date with any changes. However, Zippia will not be liable for any losses incurred by any changes to our services or by any interruption or termination of our services. This includes deleting stored or archived information or content, as we are under no obligation to continue storing this information/content, and reserve the right to delete any of it at any time. Zippia is also not responsible for any losses incurred by a failure of service. We will, of course, attempt to keep our services running smoothly at all times, but sometimes temporary outages are unavoidable.
By nature of what we do, our site contains information from third parties. Zippia is not responsible for any third-party content or the accuracy of any content, including allegedly defamatory content. We are not liable for any losses or indirect, special, incidental or consequential damages (whether or not foreseeable or contemplated in advance) incurred by viewing or using any third-party content of any kind. There will often be links to third-party websites on Zippia.com. All such links are to be followed at the user’s discretion. Links are provided as a convenience to the user and come with no liability and do not represent Zippia, Inc. in any way. If you wish to report third-party violations (defamatory content, inaccurate and/or misleading information, etc.), please visit the contact page on Zippia.com or see below.
Zippia will retain ownership of all intellectual property associated with Zippia.com. This includes, without limitation, all logos (and other trademarks), the word “Zippia” (and “zippia”), any original content appearing on Zippia.com, including but not limited to photos, articles, audio, or video, and any other associated intellectual property (registered or unregistered) throughout the world, including but not limited to all patent rights, copyrights, moral rights, trade secrets, trademark right.. Zippia owns all content on Zippia.com or has an exclusive license as described above. Visitors and members will not copy or reproduce any content owned by Zippia for commercial or non-commercial use, nor will they distribute any such content. The exception to this is any content that has specifically been published with a “share” option or other “sharing” capabilities, and this exception only extends to the content that has been enabled for sharing. Any license given by Zippia (whether through the capability to “share” or otherwise) can be revoked at any time and for any reason, with or without notice.
If you believe that Zippia has published your copyrighted work without your permission, please provide Zippa with the following information by sending it to firstname.lastname@example.org:
Zippia is also not responsible for any losses incurred due to inaccurate information. We strive to have the most current, most accurate career and occupational information available, but on the off chance something is inaccurate, Zippia will not be held liable. The Zippia.com websites, products and services are provided “as-is” and Zippia disclaims any and all express or implied warranties, including, but not limited to, the implied warranty of merchantability/fitness for a particular purpose, and non-infringement. Please use Zippia.com and any related products and services at your own risk. Zippia will not be liable (under any theory or circumstance) for any losses or indirect, special, incidental or consequential damages (whether or not foreseeable or contemplated in advance).
You agree to indemnify Zippia and to hold Zippia harmless against any claim by you (the user), or any other third party, that may come out of your use of our website, services, or products, including but not limited to claims for your breach of representations or warranties in these Terms, claims that your UGC infringes any intellectual property right, or claims in tort, contract or equity. Of course, we hope that nobody will sue us! This is simply a protection in case of a lawsuit.
In layman’s terms, this just means that you, the user, won’t hold Zippia responsible for… well, for anything. Most if not all companies put this clause in their Terms in order to protect themselves against lawsuits. This indemnity extends to any employees, officers, agents, or partners associated with Zippia. You further agree to hold us harmless against claims that may arise out of your acceptance of these Terms.
As a further protection measure, Zippia will not be held liable for any claims arising out of questions of the accuracy of any information found on Zippia.com or any associated Zippia publications. We will make every effort to only publish accurate information, but you nevertheless agree to hold Zippia harmless against any losses or claims regarding any inaccurate information published by us or contributed to our site by a third party.
If any applicable law limits our release of liability, Zippia is only responsible for the minimum amount of damages available by law.
Additionally, you agree to accept a duty to defend Zippia against any such claims filed against us. This may require that you pay for a lawyer of Zippia’s choice However, Zippia may appoint its own counsel in its sole discretion, and Zippia must approve in writing any resolution or settlement of claims that require Zippia to admit liability, pay money, or take (or refrain from taking) any action.
These Terms will be governed by the laws in effect in the State of California, and your acceptance of these Terms will be considered to have taken place in California. As noted below, you agree to waive their right to a trial in favor of a binding arbitration process, but if for some reason a trial becomes necessary, you agrees that any judicial action will be brought in the state courts of Santa Clara, California, or the federal courts of the Northern District of California. By accepting these Terms, you are submitting yourself to the personal jurisdiction of these courts, whichever is appropriate given the dispute at hand.
You agree to waive your right to a trial by jury and your right to bring, file, or participate in a class action. Any and all disputes arising under these Terms or any use of Zippia websites, products, or services will be resolved through a binding arbitration process. This arbitration process will be controlled by arbitration rules set out by Judicial Arbitration and Mediation Services, Inc. (JAMS), with one (JAMS-recommended) change: the mediator will be allowed to award attorney’s fees. JAMS recommends the following language to provide for this, which we will include here verbatim:
“The arbitrator(s) may award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If a party prevails on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.”
The results of this arbitration process are binding and take the place of a trial. Any judgment made under arbitration may be submitted as a judgment in the court of law. If any damages are owed to Zippia by the user, the user will be legally obligated to fulfill this financial obligation as if a trial had taken place.
If any clause or section of these Terms is found to be invalid, this will not affect the validity of the rest of the Terms. By accepting these Terms, you are acknowledging that Zippia is entitled to an equitable remedy (that is, some just compensation) upon any breach by you of these Terms.