Terms of Service

Welcome to Casteller.

Thanks for using our products and services (“Services”). The Services are provided by Casteller, Inc. (“Casteller”), registered in Delaware as a foreign entity in the state of New York.

All individuals and entities that access Casteller to manage labor services (“Clients”) and all individuals and entities that access Casteller to provide labor services (“Workers”) are collectively referred to as “Users”. A User may be a Client or a Worker, or both. By accessing or using Casteller, you become a User and you and any organization you are authorized to represent hereunder (collectively “you”) accept the terms and conditions of this Agreement.

 

Using our Services

You must follow any policies made available to you within the Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not Casteller’s (“User Content”). This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

 

Your Casteller Account

You will need a Casteller Account in order to access our Services. You may create your own Casteller Account, or your Casteller Account may be assigned to you by an administrator. If you are using a Casteller Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your Casteller Account, keep your password confidential. You are responsible for the activity that happens on or through your Casteller Account.

 

Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give Casteller (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Casteller). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, location targeted marketing and additional products and services. This analysis occurs as the content is sent, received, and when it is stored.

If you have a Casteller Account, we may display your Profile name, Profile photo, and actions you take on Casteller or on third-party applications connected to your Casteller Account in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Casteller Account. For example, you can choose your settings so your name and photo do not appear in an ad.

You can find more information about how Casteller uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

 

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

Casteller gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Casteller as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Casteller, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

 

User Accounts

You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain a Casteller Account. Casteller Account registration requires you to submit to us certain personal information, such as your name, address, mobile phone number and email etc. You agree to maintain accurate, complete, and up-to-date information in your Casteller Account. Your failure to maintain accurate, complete, and up-to-date Casteller Account information may result in your inability to access and use the Services or the termination of this Agreement with you. You are responsible for all activity that occurs under your Casteller Account, and you agree to maintain the security and secrecy of your Casteller Account username and password at all times. Unless otherwise permitted by us in writing, you may only possess one Casteller Account.

 

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.

 

Text Messaging

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text by changing your account settings. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

 

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. Casteller may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

 

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

We do not make any representations and disclaims all warranties, expressed or implied, regarding the User Content, including with respect to accuracy, legality, safety, completeness or quality. We cannot and do not guarantee verification of each User’s identity, or the information contained in any User profile, the suitability of any Worker to fulfill its obligations, or the ability or willingness of any Client to fulfill its obligations with respect to an assignment, including that Client’s ability to provide payment in a timely manner. It is your responsibility to verify the identity of any other User and that User’s suitability including such User’s ability to provide payment in a timely manner. Our website may contain links to websites operated by third parties: These links are for convenience only and we are not responsible for their content, privacy policies nor is a link an endorsement of any linked material.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CASTELLER NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

 

Third Party Vendors

As a service to its Users, the Casteller includes links to vendors that provide various services including, but not limited to, consumer reports, business reports, background checks, insurance, credit scores, and/or drug testing, which a User may, in his or her sole discretion and at his or her sole expense, elect to acquire and include in his or her User profile. If you use the services offered by such vendors, you agree to comply with all applicable law, including the Fair Credit Reporting Act. Casteller does not require such information with respect to any User, and does not control (and shall not be liable for) how a Client may use or disclose such information included in User profiles. Casteller expressly disclaims any liability for the accuracy of any such information, or the relevance of any such information in connection with the Casteller. You acknowledge and agree that such information is self-reported by the relevant User, may vary significantly from time to time, and depending upon the provider of such information, may or may not be a reliable predictor of a User’s abilities or performance and is done at your sole risk. Casteller expressly disclaims any and all liability for a User’s posting of such information in his or her User profile, or for any other User’s reliance on such self-reported User information, and you expressly release Casteller for any liability associated with such posting and reliance.

 

Liability for our Services

WHEN PERMITTED BY LAW, CASTELLER, AND CASTELLER’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CASTELLER, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, CASTELLER, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

 

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Casteller and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

 

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Casteller and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of New York, U.S.A., excluding New York’s conflict of laws provisions, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts located in the county of New York, New York, and you and Casteller consent to personal jurisdiction in those courts.

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