TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
This Agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of Prosperix.com (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site]. This Agreement may be modified at any time by Zenith Talent Corporation (DBA Prosperix and DBA Crowdstaffing) upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at Prosperix.com/Terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
All content included on this site is and shall continue to be the property of Zenith Talent Corporation (DBA Prosperix and DBA Crowdstaffing) or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.
4. Intended Audience
This website is intended for adults only. This website is not intended for any children under the age of 13.
Prosperix, Crowdstaffing, and others are either trademarks or registered trademarks of Zenith Talent Corporation. Other product and company names mentioned on this Site may be trademarks of their respective owners.
6. Site Use
Zenith Talent Corporation (DBA Prosperix and DBA Crowdstaffing) grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Zenith Talent Corporation (DBA Prosperix and DBA Crowdstaffing) and Zenith Talent Corporation (DBA Prosperix and DBA Crowdstaffing) may terminate your use of this website at any time.
7. Compliance with Laws
You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
You agree to indemnify, defend and hold Zenith Talent Corporation (DBA Prosperix and DBA Crowdstaffing) and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. Zenith Talent Corporation (DBA Prosperix and DBA Crowdstaffing) DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL Zenith Talent Corporation (DBA Prosperix and DBA Crowdstaffing) BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
11. Use of Information
12. Copyrights and Copyright Agent
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
By Mail: 6030 Hellyer Ave., Suite 100, San Jose, CA 95138
By Phone: 844-467-2300
By e-mail: firstname.lastname@example.org
13. Applicable Law
You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and Conditions of Use and any dispute that may arise between you and Zenith Talent Corporation (DBA Prosperix and DBA Crowdstaffing) or its affiliates.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Zenith Talent Corporation (DBA Prosperix and DBA Crowdstaffing) may terminate this Agreement at any time, with or without notice, for any reason.
Zenith Talent Corporation (DBA Prosperix and DBA Crowdstaffing) may modify these Terms. You should review the Terms regularly. In addition, Zenith Talent Corporation (DBA Prosperix and DBA Crowdstaffing) will post notice of modifications to these Terms on the Website. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).
17. Class Action Waiver
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AND COMPANY EACH WAIVE ANY RIGHT TO PURSUE A DISPUTE ON A CLASSWIDE BASIS, INCLUDING BY JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR TO ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR PROCEEDING.
18. Jury Trial Waiver
TO THE EXTENT ALLOWED BY LAW, YOU AND COMPANY EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PRECEEDING.
19. Governing Law; Venue
These Terms and the use of the Website will be governed by California law without regard for its conflict of laws principles. For any claims not subject to the arbitration provisions of these Terms, all claims arising out of relating to these Terms or the Website, except as set forth in the Terms, must be litigated either in a federal court of the Northern District of California or a state court located in Santa Clara County and you and Company consent to the personal jurisdiction of such courts.
20. No Third-Party Beneficiaries or Partnership
These Terms do not create any third-party beneficiary rights or a joint venture, partnership, employment, or agency relationship.
21. Force Majeure
Zenith Talent Corporation (DBA Prosperix and DBA Crowdstaffing) will not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances, such as acts of nature, fire, flood, earthquake, accidents, strikes, war, terrorism, quarantines or other governmental acts, failure of common carriers (including without limitation internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.
22. Complete Agreement
These Terms constitute the entire and exclusive agreement between you and Company with respect to the Website, and supersede and replace any other agreements, terms and conditions applicable to the Website. The headers for these Terms are for convenience only and will not affect the interpretation of these Terms. If a provision of these Terms is found unenforceable the remaining provisions will remain in full force and effect, and an enforceable term will be substituted reflecting our intent as closely as possible.
Company may assign any of its rights under these Terms to an affiliate or to any successor in interest to the business of Company. You may not assign your rights under these Terms and any such purported assignment is void.
24. Waiver of Terms
The failure of Company to enforce these Terms for any period of time does not constitute a waiver of its right to enforce these Terms.
25. Contact Information
HOW TO CONTACT US:
Zenith Talent Corporation (DBA Prosperix and DBA Crowdstaffing)
6030 Hellyer Ave #100,
San Jose, CA