Terms of Service

1. The services we provide

Our mission is to empower people by building an information network that gives the world access to opportunities that support their individual interests. To help advance this mission, we provide the Services and Services described below to you:

Provide a personalized experience for you:

Your experience on Culture SPK is unlike anyone else's: from the opportunities, stories, news, events, and other content you see in your Flow to the companies you follow and other features you might use. We use the data we have - for example, about your personal interests, the choices and settings you select, and what you share and do on and off our Services - to personalize your experience.

Help you discover people, information, businesses, products, and services that may interest you:

We show you opportunities, offers, and other professional content to help you discover people, information, products, and services that pertain to the many businesses and organizations that use Culture SPK and other Culture SPK Services. Section 2 below explains this in more detail.

Connect groups, organizations and individuals:

We help you find and connect with people, groups, businesses, organizations, and others that matter to you across the Culture SPK Services you use. We use the data we have to make suggestions for you and others - for example, inclusive companies to support , events to attend, people to connect with or ask a question to, documentaries to watch, and opportunities you may want to entertain.

Connect business professionals with job opportunities at inclusive companies:

We strive to create equal opportunity in corporate America by providing equitable access to under-represented business professionals. Our network allows inclusive companies to find diverse professionals more easily and for diverse professionals to find the companies where they have the greatest opportunities to succeed.

Connect connect business professionals with social influencers:

We establish equitable communication by communicating the needs, concerns and interests of under-represented individuals through or social influencer network. Business professionals are able to anonymously share any information they choose, thus giving them the freedom to protect their professional reputations while also communicating freely. We believe this exchange is critical to achieving a self-regulating society.

Diversity, Equity, and Inclusion consulting for businesses and individuals:

Our network provides us access to a world class understanding of diversity, equity, and inclusion issues. By analyzing our data, we are able to pinpoint exact issues as well as identify potential solutions. Our professional network also includes DE&I industry experts, who we utilize to provide specialized consulting services. We also provide companies with feedback from former employees, and employment candidates.

Connect businesses with and impactful business professionals:

We help businesses recruit and retain business professionals who promote diversity, equity, and inclusion in their company. Businesses can find subject matter experts, part-time consultants, executive coaches, and full-time employees.

Connect businesses with engaging social influencers

We help businesses design, execute, manage, and measure their social media campaigns and their public relations campaigns. Our network is designed to maximize engagement and penetration, so campaigns are more effective than other social media strategies.

Empower social influencer to maximize their earning potential through flexible brand partnerships:

There is strength in numbers, so Culture SPK helps social influencers leverage their collective value in negotiating appropriate terms for brand campaigns. We proactively pursue out brands who are interested in networks like ours and contact agreements for our influencer network. Influencers are in no way obligated to work exclusively with Culture SPK, nor are the obligated to accept opportunities provided to them by us.

Help social influencers maximize their engagement through promotion, education, and content creation:

Better content promotes stronger engagement, and engagement increases influence. It is important to us that we provide resources for social influencers to create and share the most engaging content possible. These resources include services like education pertaining to industry best practices, paid and native promotion, and media creation.

Empower you to anonymously or publicly express yourself and communicate about what matters to you:

There are many ways to express yourself on Culture SPK and to communicate with friends, family, and others about what matters to you - for example, sharing information, news, and stories across the Culture SPK Services you use, sending messages to influencers or businesses, writing company reviews, or information to your profile. We have also developed, and continue to explore, new ways for people to use technology to create and share more expressive and engaging content on Culture SPK. You are not required to identify yourself when sharing information on Culture SPK Network, but it is important that we verify that you are a real person. Identity verifications are used to validate entries and identify misrepresentations.

Combat brand misrepresentation:

Through providing a connected network between businesses and influencers, Culture SPK networks aims to protect consumers from deceptive marketing. Anonymous reviews and stories can be used to expose allegations of wrongdoing by a company or individual. In these instances, we will provide the individual or company an opportunity to respond to the allegations before we decide whether or not to continue a relationship with them.

These decisions will be mad eat the sole discretion of Culture SPK. After we have approved an individual or company for participation in our network, members have discretion over whomever the choose to work with. At our sole discretion, we may choose to ban permanently or temporarily, any individual or company. We do not tolerate misrepresentation of any kind, regardless of whether the misrepresentation was made to us, a member of our network, or any other 3rd party.

Combat Value Exploitation:

Another major goal of Culture SPK networks is to protect individuals from being exploited by companies and individuals. We employ dedicated analytics teams to develop advanced technical systems to detect issues and statistical outliers. We do not tolerate violations of our Terms of Service, harmful conduct towards others, or interference with our ability to support or protect our networks. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement. 

Use and develop advanced technologies to provide safe and functional services for everyone:

We use and develop advanced technologies - such as artificial intelligence, machine learning systems, and augmented reality - so that people can use our Services safely regardless of physical ability or geographic location. For example, technology like this helps people who have visual impairments understand what or who is in photos or videos shared on Culture SPK or our apps. We also build sophisticated networks and communication technology to help more people connect to the internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our networks and the integrity of our Services.

Research ways to make our services better:

We engage in research to develop, test, and improve our Services. This includes analyzing the data we have about our users and understanding how people use our Services, for example by conducting surveys and testing and troubleshooting new features. Our Data Policy explains how we use data to support this research for the purposes of developing and improving our services.

Provide consistent and seamless experiences across the Culture SPK Company Services:

Our Services help you find and connect with people, groups, businesses, organizations, and others that are important to you. We use data about the people and business you engage with on Culture SPK to make it easier for you to connect with them within our opportunities app.

Enable global access to our services:

To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by Culture SPK, Inc. or its affiliates.

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2. How our services are funded

Instead of paying to use Culture SPK and the other products and services we offer, by using the Culture SPK Services covered by these Terms, you agree to be included in a service network that we offer to 3rd-party companies. They pay us contracted fees for access to our networks and commissions for opportunities that have been accepted and successfully completed. Culture SPK offers companies networks consisting of diverse business professionals and social influencers.

1. Business Resource Services

   • Diversity, Equity, and Inclusion Consulting

   • Full-time Talent Acquisition

   • Part-time and Consultant Acquisition

2. Social Influencing Services

   • Promotional Brand Campaigns

   • Public Relations Campaigns

We use your personal data, such as information about your activity and interests, to show you opportunities that are more relevant to you.

Protecting people's privacy is a primary focus of how we've designed our networks. This means that we can show you relevant and useful opportunities without telling businesses who you are. We don't sell or share your personal data. We allow business to tell us things like their business goal, and the kind of audience they want to see their opportunities (for example, Black influencers between the age of 18-35 whose audiences like jewelry). We then offer their opportunity to members who might be interested.

We also provide businesses with reports about the performance of their opportunities to help them understand how people are interacting with their content on and off Culture SPK. For example, we provide general demographic and interest information to businesses (for example, that an opportunity was accepted by a woman between the ages of 23 and 31 with 50k followers and a 7% average engagement rate) to help them better understand their audience. We don’t share information that you have not is not already public (information such as your name, social media handles, or email address that by itself can be used to contact you or identifies who you are) Learn more about how Culture SPK opportunities work here.

We collect and use your personal data in order to provide the services described above to you. You can learn about how we collect and use your data in our Data Policy. You have controls over the types of opportunities and businesses you see, and the types of information we use to determine which opportunities we show you. Learn more.

In some cases, businesses may contract Culture SPK to promote information, products, or services directly to our networks. In those cases the data provided to each business is a general description of the members our network. For example, “this was sent to 500 influencers with an average of 13,000 followers”.

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3. Your commitments to Culture SPK and our networks

We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:

1. Who can use Culture SPK

Our networks are stronger and more helpful when they represent real people. We also pay you for your participation in certain activities, so sometimes it’s important that we know who you are. However, in some cases, anonymity is important. For this reason, we have expectations of everyone in our networks:

1. Business Professionals

   • Provide Culture SPK with the same name you provide to file taxes.

   • Provide accurate information about yourself.

   • Provide accurate information about your audience and professional experience.

   • Create only one account (your own) and use your account to represent only yourself.

   • Not share your password, give access to your Culture SPK account to others, or transfer your account to anyone else (without our permission).

2. Anonymous contributors

   • Provide only accurate information that you experienced yourself.

   • Provide accurate information about your demographics.

   • Provide accurate information about other people.

   • Create only one account (your own) and use your account to represent only yourself.

   • Not share your password, give access to your Culture SPK account to others, or transfer your account to anyone else (without our permission).

3. Businesses and Corporate Representatives

   • Use the same name on a business profile that you use in everyday life.

   • Provide accurate information about yourself.

   • Provide accurate information about your audience.

   • Create only one account (your own) and use your account to represent only yourself.

   • Not share your password, give access to your Culture SPK account to others, or transfer your account to anyone else (without our permission).

We try to make Culture SPK broadly available to everyone, but you cannot use Culture SPK if:

• You are under 13 years old.

• You are a convicted sex offender.

• We've previously disabled your account for violations of our Terms or Policies.

• You are prohibited from receiving our products, services, or software under applicable laws.

2. What you can share and do on Culture SPK

We want people to use Culture SPK to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our network. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

1. You may not use our Services to do or share anything:

   • That violates these Terms, our Network Standards, and other terms and policies that apply to your use of Culture SPK.

   • That is unlawful, misleading, discriminatory or fraudulent.

   • That infringes or violates someone else's rights, including their intellectual property rights.

2. You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Services.

3. You may not access or collect data from our Services using automated means (without our prior permission) or attempt to access data you do not have permission to access.
   

We can remove or restrict access to content that is in violation of these provisions.

If we remove content that you have shared in violation of our Network Standards, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our network of users; compromise or interfere with the integrity or operation of any of our services, systems or Services; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

To help support our network, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.

3. The permissions you give us

We need certain permissions from you to provide our services:

1. Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.You own the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on Culture SPK and the other Culture SPK apps. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving our Services and services as described in Section 1 above.

   Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Culture SPK, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other Culture SPK Services you use. This license will end when your content is deleted from our systems.

   You can delete content individually or all at once by deleting your account. Learn more about how to delete your account.

   You can download a copy of your data at any time before deleting your account.

   When you delete content, it’s no longer visible to other users, however it may continue to exist elsewhere on our systems where:

   • immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);

   • your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or

   • where immediate deletion would restrict our ability to:

     • investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Services or systems);

     • comply with a legal obligation, such as the preservation of evidence; or

     • comply with a request of a judicial or administrative authority, law enforcement or a government agency;

   In which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis). In each of the above cases, this license will continue until the content has been fully deleted.
   

2. Permission to use your name, profile picture, and information about your actions with opportunities and sponsored content: You give us permission to use your name and profile picture and information about public actions you have taken on Culture SPK next to or in connection with opportunities, offers, and other sponsored content that we display across our Services, without any compensation to you. For example, we may show influencers a list of business professionals who have had consulting jobs at a company requesting participation in an influencer campaign through the Culture SPK network. Communications like this can be seen by anyone we determine to be a stakeholder, who may benefit from a more informed decision before accepting an opportunity. You can learn more about your opportunity settings and preferences.
   

3. Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.

4. Your Culture SPK account information

In order for you to create a Culture SPK account, we require that you provide a valid email address. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Other registration requirements (such as, a click on a link in a Culture SPK job alert email by unregistered users who create job alerts, or a requirement for individuals to contribute no more than one company review, interview review, and/or salary details of a current or former job per year) may also apply. Once you have set up a password, you will be given access to your profile and other private areas of your account. You are responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by Culture SPK at any time.

When you set up an individual user account on Culture SPK, we create a member profile (a "Profile") for you that will include personal information you provide. We will update your Profile with information we extract from resumes you upload on Culture SPK. You may permit us to share information in your Profile with prospective employers, recruiters, and others. Subject to visibility settings that you control, subscribers to services we may introduce will be able to view information in your Profile. Because your anonymity on Culture SPK is important, your Profile does not include or link to information about the reviews or salary information you submit to Culture SPK. However, we may ask you to provide, and we may subsequently collect if you agree to provide, certain categories of sensitive personal information (e.g., race/ethnicity, sexual orientation). You may also have the opportunity to associate this sensitive personal information (and some nonsensitive personal information) with your reviews. The intended use for this data will be disclosed in detail at the time of collection; please be aware that you do not have to share your personal information beyond the level you feel comfortable. You can read more about our diversity and inclusion privacy efforts in our Privacy Policy.

5. Limits on using our intellectual property

If you use content covered by intellectual property rights that we have and make available in our Services (for example, images, designs, videos, or sounds we provide that you add to content you create or share on Culture SPK), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

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4. Additional provisions

1. Updating our Terms

We work constantly to improve our services and develop new features to make our Services better for you and our network. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Services.We hope that you will continue using our Services, but if you do not agree to our updated Terms and no longer want to be a part of the Culture SPK networks, you can delete your account at any time.

2. Account suspension or termination

We want Culture SPK to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Network Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our networks of users; compromise or interfere with the integrity or operation of any of our services, systems or Services; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.You can learn more about what you can do if your account has been disabled and how to contact us if you think we have disabled your account by mistake.If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3, 4.2-4.5.

3. Limits on liability

We work hard to provide the best Services we can and to specify clear guidelines for everyone who uses them. Our Services, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

We cannot predict when issues might arise with our Services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Culture SPK Services, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Culture SPK Services will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

4. Disputes

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Culture SPK Services ("claim"), you agree that it will be resolved exclusively in the U.S. District Court for the Eastern District of Pennsylvania or a state court located in Montgomery County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Pennsylvania will govern these Terms and any claim, without regard to conflict of law provisions.

5. Other

1. These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and Culture SPK, Inc. regarding your use of our Services. They supersede any prior agreements.

2. Some of the Services we offer are also governed by supplemental terms. If you use any of those Services, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Services for commercial or business purposes, such as listing opportunities, selling products, developing apps, managing a group or Page for your business, or using our measurement services, you must agree to our Commercial Terms. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.

3. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.

4. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.

5. You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.

6. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

7. You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).

8. We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

9. We reserve all rights not expressly granted to you.

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5. Other terms and policies that may apply to you

Network Standards: These guidelines outline our standards regarding the content you post to Culture SPK and your activity on Culture SPK and other Culture SPK Services.

Commercial Terms: These terms apply if you also access or use our Services for any commercial or business purpose, including posting opportunities, operating an app on our Platform, using our measurement services, managing a group or a Page for a business, or selling goods or services.

Listing Opportunities: These policies specify what types of opportunities are allowed by partners who list opportunities across the Culture SPK Services.

Self-Serve Posting Terms: These terms apply when you use self-serve Posting interfaces to create, submit, or deliver Listings for opportunities or other commercial or sponsored activity or content.

Pages, Groups and Events Policy: These guidelines apply if you create or administer a Culture SPK Page, group, or event, or if you use Culture SPK to communicate or administer a promotion.

Culture SPK Privacy Policy: These guidelines outline the policies that apply to your use of our Platform (for example, for developers or operators of a Platform application or website or if you use social plugins).

Network Payment Terms: These terms apply to payments made on or through Culture SPK.

Commerce Policies: These guidelines outline the policies that apply when you offer products and services for sale on Culture SPK.

Culture SPK Brand Resources: These guidelines outline the policies that apply to use of Culture SPK trademarks, logos, and screenshots.

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Date of Last Revision: August 24, 2020