Terms for Candidates US

Luca Fankhauser 12, Sep 2022 17 min

Lionstep Inc. (“Lionstep”) offers “Recruiting-as-a-Service” (hereinafter referred to as “Services”), which includes access to the Lionstep app (hereinafter also referred to as “Application”). The Application is a tool to support Lionstep’s search for suitable candidates (hereinafter referred to as “Candidate” or “Candidates”) and to support the selection process of the Candidates. In the Application, Candidates can apply for job openings posted by Lionstep customers (hereinafter referred to as “Customer”). The Customer can follow Lionstep’s process of actively approaching Candidates, yet each Candidate profile remains anonymized until the Candidate approves the release of its details to the specific Customer

CANDIDATES UNDERSTAND THAT BY USING THE APPLICATION AND SERVICES THEY ARE AGREEING TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS FOR CANDIDATES (“TERMS”). IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, CANDIDATE MAY NOT USE OR ACCESS THE APPLICATION OR SERVICES. TO ACCESS OR USE THE APPLICATION, YOU MUST HAVE THE REQUISITE POWER AND AUTHORITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE APPLICATION IF YOU HAVE BEEN PREVIOUSLY BANNED.

YOU MUST BE AT LEAST SIXTEEN (16) YEARS OLD to use the Application and Services. If you are not yet 16 years old, do not use the Application.

IF YOU ARE BETWEEN 16 AND 18 YEARS OLD: Please have your parents or legal guardian review these Terms with you, discuss any questions you might have, and give you their permission to use the Application and Services with both your and their full understanding of these Terms. By using the Application and Services, you are telling us that you and your parent or guardian, have joined in this agreement.

IF YOU ARE A PARENT OR GUARDIAN: Parents and guardians are advised to exercise supervision over their children’s on-line activities. If you do not agree to these Terms, do not let your child use the Application. If you have any further questions about our Application or Services and our use of personally identifiable information, please take a look at our Privacy Policy page or contact us privacy@lionstep.com.  If you are the parent or guardian of a child under 16 and believe that they are using the Application or Services, please contact us at privacy@lionstep.com.

1. Scope

1.1 The scope of the contract governed by these Terms is the provision of the above Services by Lionstep.

1.2 The Candidate is a natural person who is interested in entering into an employment relationship or, if expressly stated, a relationship as a freelancer with a Customer of Lionstep. These Terms, in conjunction with any other mutually signed agreement between Lionstep and the Candidate, if any, govern the entire contractual relationship between Lionstep and the Candidate. Contractual terms and conditions of the Candidate outside of those mutually executed by Lionstep and the Candidate are not applicable to this contractual relationship.

1.3 Use of the Application according to these Terms is possible between Lionstep and individual Candidates only. Representatives, head-hunters, or other agents acting on behalf of and for the account of third parties are expressly excluded from using the Application and Services.

1.4 Unless expressly stated in a mutually executed writing, the use of the Application and Services by a Candidate is free of charge.

2. Inclusion in the Applicant Database

2.1 The inclusion of Candidates in Lionstep’s candidate database relies on the correct submission of data, documents, and information required or requested by Lionstep (“Candidate Data”) and is at Lionstep’s sole discretion. Candidates expressly agree that they have no claim to inclusion in the Lionstep candidate database.

2.2 Once a Candidate has submitted the Candidate Data, Lionstep will create an anonymized profile of the Candidate to be displayed by Lionstep to those Customers who have published a job offer (“Job Posting”) via Lionstep and were deemed by Lionstep as suitable matches for the Candidate.

2.3 The complete candidate profile is displayed to Customers only when a Candidate has agreed to release their details to the specific Customer. When and which complete Candidate profiles are displayed to a particular Customer is solely at Lionstep’s discretion.  Lionstep has no responsibility to Candidates for expired Opportunities or for delivering applications prior to an Job Posting’s expiration.

2.4 Displaying an Job Posting to a Candidate or asking for approval to display a Candidate’s complete Candidate profile does not mean an individual is or is not qualified for the job.  Sharing your Candidate profile does not guarantee you will get an interview or eventually hired.

2.5 Lionstep does not the confirm the accuracy or completeness of every Job Posting

3. Duties of the Candidate

3.1 Candidates are responsible for ensuring that all Candidate Data submitted during the admission or application process are always complete, correct, and up-to-date. Lionstep expressly reserves the right to validate such information through reference checks (which will be performed per job, if at all, not generally). 

3.2 Representations that Candidates make to Lionstep are transferable to those Customers with whom Candidates come into contact with via Lionstep. Should such Candidate’s representations prove to be false, the Candidate must indemnify Lionstep for any and all resulting damages.

3.3 Candidates undertake to use Lionstep Services exclusively for the purpose of finding jobs or freelance work. Contacting Lionstep Customers for any other purposes is expressly prohibited.

3.4 Candidates must themselves ensure that they meet all the requirements (e.g. legal residency requirements) for each specific Job Posting.

3.5 Opportunities are created and provided by third parties Customers over whom Lionstep exercises no direct control; Candidates acknowledge and understand that Lionstep has no control over links to or from Job Postings, or any conditions third parties might impose once a Candidate has submitted an application or left the Lionstep Application. If a Candidate leaves the Application and chooses to enter a third-party website or application, Candidates should review and accept any terms and conditions imposed by that third-party.

4. Registration

4.1 Candidates can register in the Application and create a Candidate account (“Account”).  To complete registration Candidates must provide their full contact information.  Once registered, Candidates have free access to the Application. For support in setting up your Account please email info@lionstep.com.

4.2 In order to create the Account, Candidate is required to share information (including personal data).  Should the Candidate choose not to provide this information, Lionstep cannot provide the Services.  All data must be accurate, complete and true.  Candidate is required to maintain and update such information with current and complete information. Candidates who provide inaccurate, false, or non-current information may, at Candidate’s sole discretion, have their Account suspended or terminated.

4.3 Candidate is solely responsible for maintaining the confidentiality of its username and password. Lionstep urges you not to share your login information with others, as this may lead to unauthorized access to your Account and the information therein. Candidate agrees that it will: (1) immediately notify Lionstep of any unauthorized use of your Account; and (2) ensure that you properly log out of the Account at the completion of your session. Candidate is solely responsible for the activity that occurs on or through your Account. Lionstep shall have no liability for any loss or damage arising from your use of an Account, the Application, or your failure to comply with these requirements. Lionstep will not be liable for any losses caused by any unauthorized use of your Account, and you may be liable for the losses of Lionstep or others due to such unauthorized use.

5. Lionstep Duties

5.1 Lionstep will make complete Candidate profiles visible to Customers only after receiving consent from the Candidate.

5.2 Lionstep is not obligated to actively help Candidates find employment or Opportunities. Lionstep is also not obligated to bring Candidates into contact with a minimum or set number of Opportunities.

5.3 Once Lionstep brings a Candidate into contact with a Customer, the Candidate is responsible and accountable for any continued course of the application following that initial contact. Lionstep will neither moderate nor support the Candidate’s application process.

5.4 Lionstep is not liable for the Job Postings published by Customers nor the information provided therein. Lionstep provides only an infrastructure through which Candidates and Customers can make contact.

6. Processing and Storage of Personal Data

6.1 Unless expressly agreed otherwise, all Candidate Data is stored in the corresponding Lionstep Candidate profile as long as said Candidate is in a contractual relationship with Lionstep and in accordance with these Terms. Candidates are free to change or delete information stored in the Lionstep profile at any time.

6.2 Candidate information will be disclosed by Lionstep to Customers with the Candidate’s consent only. Further disclosure of Candidate Data to third parties is excluded.

6.3 Candidate Data disclosed to Customers in accordance with the preceding clause shall be lawfully processed and stored by Customers. However, it is the exclusive responsibility of the Customer to process Candidate Data following disclosure by Lionstep and in accordance with relevant legal regulations. Lionstep is not liable for the processing of Candidate Data by Lionstep Customers.

6.4 Candidate Data can be stored beyond the termination of the contractual relationship between Candidates and Lionstep if Lionstep is obligated or entitled to do so due to relevant legal regulations, especially for the purpose of enforcing or defending legal claims. In all other instances it will be deleted or anonymized and used only for demographic and research purposes.

7. Term and Termination

7.1 The contractual relationship between Candidates and Lionstep is for an indefinite period of time and can be terminated by either party without reason with five (5) business days’ notice.

7.2 Candidates acknowledge that the contract termination has no effect on Job Postings applied to prior to termination, in particular, on any disclosure of Candidate Data that has preceded the termination of the contractual relationship in accordance with Section 6.

8. Intellectual Property and Data Protection Rights

8.1 Lionstep holds the exclusive intellectual property rights of all content, layouts, and databases available on the Application, including the Application itself. Unless otherwise stated, Candidates acquire no rights to use the intellectual property of Lionstep unless such rights are mandatory for the use of the Services governed by these Terms and are limited to the corresponding term. In such an instance, Lionstep grants Candidates a limited, non-exclusive, non-assignable, non-transferable right and license to access, use and display the Application, solely as described in these Terms.

8.2 Candidates agree not to: (1) capture, transfer, upload, distribute, sell, license, modify, manipulate, reproduce, perform, publicly display, create derivative works from or based upon, or otherwise exploit the Application, in whole or in part, on any other website or application or in any medium no known or hereafter developed; and (2) remove or modify any trade names, product names, logos, trademarks, copyrights or other proprietary notices, legends, symbols or labels on the Application (each of the foregoing, “Unauthorized Conduct.”) Any Unauthorized Conduct constitutes a violation of these Terms and infringement of the intellectual property of Lionstep and/or its content providers. Any such infringement may subject Candidates to civil and criminal liability and penalties under intellectual property laws throughout the world, including, without limitation, the payment of damages and attorneys’ fees.

8.3 Lionstep operates in compliance with applicable data protection laws, in particular, applicable US federal and state law, the Swiss Federal Data Protection Act and the EU General Data Protection Regulation. Please check the Privacy Policy available online.

8.4 Lionstep may at any time and in its sole discretion, add, modify, or remove any features or functions of the Application, in whole or in part, with or without notice to Candidates, prior or otherwise.

9. Limitations of Liability

9.1 TO THE EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL LIONSTEP AND ITS AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, ATTORNEY’S FEES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APPLICATION EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. WHILE LIONSTEP TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO APPLICATION OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, TO THE EXTENT ALLOWED BY APPLICABLE LAW, LIONSTEP AND ITS AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE APPLICATION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CANDIDATE. TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF LIONSTEP AND ITS AFFILIATED ENTITIES TO CANDIDATE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, EXCEED $1000.

9.2 Lionstep assumes no liability for the accuracy of the information in providing details of a Job Posting with whom the Candidate contacts.

9.3 In particular, the Candidate expressly acknowledges that Lionstep is responsible only for establishing initial contact between the Candidate and the Customer. Lionstep, however, does not act as employer, vicarious agent, representative, or authorized representative of the Customer. The Customers themselves are exclusively responsible for all information contained in their listed Job Postings, as well as for all declarations, decisions, or other actions they conduct in the context of the application process. Lionstep does not confirm the accuracy or completeness of any Job Posting, including the identity of the customer.

9.4 In addition, Lionstep is not liable for any damages of any kind resulting from improper or abusive use of the Application, including but not limited to violation of the Customer Terms, or violations by Customers, or third parties.

9.5 CANDIDATE AGREES THAT USE OF THE APPLICATION IS ENTIRELY AT THEIR OWN RISK. THE APPLICATION IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIONSTEP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. LIONSTEP DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION DOES NOT VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. LIONSTEP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE EXTENT ALLOWED BY APPLICABLE LAW, CANDIDATE (AND NOT LIONSTEP) ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LIONSTEP AND ITS AFFILIATED ENTITIES SHALL CREATE A WARRANTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO CANDIDATE.

If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

9.6 The Application is a platform designed to facilitate hiring of qualified Candidates. Customers may offer Candidates the opportunity to participate in hiring activities. Candidates understand and agree that Customers are responsible for complying with applicable law regarding employment and hiring practices, including Title VII, and that the Customer indemnifies Lionstep against any and all claims arising from Customer’s use of the Application.  Lionstep disclaims all liability and makes no warranty that Customer’s use of the Application complies with Title VII or any similar law.  Lionstep has no control over and does not participate in the hiring process, nor is Lionstep an employment agency.  Lionstep merely provides a platform that enables Candidates and Customers to exchange information at their discretion.

10. Confidentiality

10.1 All parties subject to these Terms shall treat as confidential all information supplied or exchanged in the Application or these Terms if it is of confidential nature expressly mentioned or otherwise evident from the circumstances.

10.2 In particular, the Candidates are obligated to treat the information received about Customers in strict confidence and in accordance with relevant data protection regulations, especially if said Candidates do not enter into any contractual agreements with said Customers.

10.3 The obligation to maintain secrecy remains in effect even after the contract with Lionstep has expired or been terminated.

11. Miscellaneous

11.1 Amendments and supplements to these Terms must be made in writing.

11.2 If any provision of these Terms is invalid or unenforceable, the remaining provisions shall remain unaffected. The parties shall use their best efforts to replace the invalid or unenforceable provision with a valid and enforceable provision that best reflects the scope of the contract.

11.3 This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

11.4 These Terms and any dispute arising out of or in connection with these Terms or related in any way to the Application (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these Terms, by and under the laws of the State of New York, United States of America, if you are located in the United States, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in New York, New York. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in New York, New York, U.S.A, if you are located in the United States of America.

11.5 Candidates also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Application or these terms of service, if you are located in the United States.

11.6 As partial consideration for your use of the Application and these services, Candidates agree not to sue Lionstep as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Lionstep regarding your use of the Application. Additionally, as a Candidate, your use of job search on the Application is at no charge (unless otherwise agreed in writing) and you acknowledge that part of the price you are paying to use this Application is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Application. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court.