Terms of Service
Last Modified: November 28, 2018
SCOPE OF AGREEMENT.
1.1. Terms of Service. These terms of service (“Terms of Service”) govern the access and use of the website www.poured.us, and affiliated websites, features, services, mobile applications, products, software and other services, or any portion thereof (collectively, the “Service”), owned or controlled by Poured, LLC, or its affiliated companies (“Poured” or “we” or “our” or “us”). Affiliated companies are entities that control, are controlled by or are under common control with Poured.
1.4 Changes to the Terms of Service. We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
2.1. Marks. The company name, design, trademarks, service marks, and logos of Poured and the Service and all related names, designs, trademarks, service marks, and logos (“Poured Marks”), are owned by or licensed to Poured, subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. You must not use such marks without the prior written permission of Poured. All other names, logos, products and service names, designs and slogans on this Website are the trademarks of their respective owners.
2.2. Intellectual Property Rights. Except as otherwise indicated, all copyright rights and other intellectual property rights in the Service and its contents, including any and all Poured Marks, content, data, databases, information, text, music, sound, photos, images, graphics, audio, video, software, code, technology, methods, analyses, studies, reports, and other intellectual property contained therein (“Poured IP”) are owned by or licensed to Poured, and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations.
2.3. License. Poured grants you a limited, non-exclusive, non-transferable license to access the Service for your use in accordance with these Terms of Service. Poured reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service, or any portion thereof, other than as expressly permitted.
2.4. Restrictions. You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service or any software, documentation or data related to the Service (“Software”); modify, translate, or create derivative works based on the Service or any Software; use the Service or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
THE POURED SERVICE.
3.2. Technology Platform. You understand that Poured acts only as a technology platform and interface between Users and that Poured does not itself verify the qualifications of Users, nor does it evaluate or control in any ongoing manner exchanges between Users. Any opinions or statements expressed by a User are of those of the User alone, and are not to be attributed to Poured. Poured cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any User. Please use caution, common sense, and practice safety when using Poured. By using Poured, you agree to accept such risks and that Poured (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of Users.
3.3. Independent Contractors. Poured does not endorse or recommend the services of any particular worker (“Contractor”) or hiring organization (“Employer”). It is entirely up to you to evaluate a Contractor’s or Employer’s qualifications, and to enter into a direct contract or otherwise reach agreement with a Contractor or Employer. We do not guarantee or warrant any Contractor’s or Employer’s performance on the job or the outcome or quality of the services performed. The Contractors and Employers are each independent contractors and are not employees or agents of Poured, nor is Poured an agent of the Contractor or Employers.
3.4. No Affiliation with Brands. Poured is a private company and has no affiliation or rights with any brand or third party products on the Service. Poured disclaims ownership of any trademarks, logos or images belonging to any brand or third party products appearing on this site. The appearance of trademarks and/or logos belonging to brands, third party products or their respective companies on the Service does not constitute affiliation or endorsement by such companies of any of the services provided by Poured.
3.5. Employer’s Duties and Responsibilities. Each Employer that uses the Service to hire Contractors to work on projects (“Projects”) represents that it will: (a) comply with OSHA, EEO, EPA, ADA, Department of Labor, Wage and Hour laws and all other applicable laws and regulations and agrees to indemnify Poured and to hold Poured harmless for all liability incurred by Poured as a result of a Contractor’s claim based upon activity of Employer or Employer’s employee(s); (b) properly supervise Contractors performing its work and be responsible for its business operations, products, services, and intellectual property; (c) properly supervise, control, and safeguard its premises, processes, or systems, and not permit Contractors to operate any vehicle, machinery, or equipment, or entrust them with unattended premises, cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables; and (d) provide Contractors with a safe work site and provide appropriate information, training and safety equipment with respect to any hazardous substances or conditions they may be exposed to at the work site.
3.6. Project Listings. If you are an Employer, you acknowledge and agree that you are responsible for any and all Project listings you post. Accordingly, you represent and warrant that any Project listing you post and the hiring of a Contractor for a Project in a listing you post (i) will not breach any agreements you have entered into with any third parties; and (ii) will (a) be in compliance with all applicable laws, tax requirements, and regulations that may apply to the Employer, Contractor, Project and the work being done; and (b) not conflict with the rights of third parties. Please note that Poured assumes no responsibility for a Contractor’s or Employer’s compliance with any applicable laws, rules and regulations. Poured reserves the right, at any time and without prior notice, to remove or disable access to any Project listing for any reason, including Project listings that Poured, in its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Service.
3.7. Disputes with Users. If you have a dispute with one or more Users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. Poured is not responsible for the conduct of any User. As set forth in, and without limiting, Sections 12 and 13 below, in no event shall Poured (or our affiliates and subsidiaries, or our and their respective officers, directors, employees and agents) be liable, directly or indirectly, for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Users, particularly if you decide to communicate off the Service or meet in person. You understand that Poured makes no guarantees, either express or implied, regarding your interactions with individuals you meet through the Service. By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Contractors, Employers or other third parties will be limited to a claim against the particular person who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Poured with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with your Contractor or Employer via the Service regarding any Projects or listings.
3.8. Errors, Inaccuracies and Omissions. Occasionally there may be information in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PAYMENTS AND FEES
4.1 I hereby apply for a Gig Sponsored Membership in the Independent Contractors Benefits Association Inc. (ICBA). I certify that I am an Independent Contractor and agree to support the purpose of this organization to educate and assist Association members on issues of importance to Independent Contractors.
4.2 Payment. I authorize POURED LLC to pay the ICBA from my account $0.05 per hour worked for dues for my membership, and $.33 for insurance coverage. This authority is to remain in effect unless the membership contract is terminated for any reason or until revoked by me in writing.
4.3 Per our contract, brands and businesses will pay a flat rate of 35 % on all hourly rates for freelancers services. The flat rate to convert freelancers to permanent employees is $3,500.
4.4 POURED Conversion Policy:
(a.) CONVERSION COST:
The total cost to convert a POURED Freelancer into an employee is $3,500.
(b.) PAYMENT DUE:
POURED will provide client with an invoice upon the candidates start date. Payment must be received in accordance with client’s net terms.
(c.) REFUND POLICY:
Should the candidate be terminated or quit within the first 30 days of hire, the client is eligible for 50% or $1,750 refund.
(d.) FREELANCER STATUS:
After a client hires a POURED Freelancer the candidate will be removed from the POURED platform for 6 months and will no longer be eligible to be booked for freelance work by other brands, unless otherwise specified by the client.
Schedule, pay, commission, time off, position, etc are to be negotiated by the client and candidate and may not correlate with the terms of the candidates’s previous freelance work under POURED LLC.
Brands will be held to this conversion contract for 6 months from the time of the freelancer’s last shift worked with the brand. (i.e if the freelancer leaves the POURED platform, the brand MAY not hire the freelancer outside of POURED for 6 months)
MOBILE SERVICES AND APPLICATIONS.
You acknowledge and agree that (i) this Agreement is concluded between you and Poured only, and not Apple, and (ii) Poured, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Poured and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Poured.
You and Poured acknowledge that, as between Poured and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Poured acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Poured and Apple, Poured, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Service. You and Poured acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other terms of these Terms of Service, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
(a) Traffic and usage information generated from your visit to the Service, including traffic data, pages you visit, browser information, operating system, IP address, cookie information, and the type of device that you use to access the Service;
(c) Information from public databases and third parties;
(d) When you access or use the Service, or any portion thereof, we may collect physical location information that is sufficiently precise to allow us to locate a specific person or device (“Location Information”). We only collect Location Information with your permission (e.g., such as when you agree to provide it to us after you initially access or use the Service). We may use Location Information and provide it to third parties to provide you with content and services that are relevant to a particular location, such as advertising, search results, and directions.