This document sets out the terms for use of the Corsix platform. It governs both our Course & Content Creators ("Creators") and our end users ("Users"), collectively ("You" or "Users"). Corsix is committed to transparency, which includes providing a Terms of Use that is understandable and written in plain language. Because this document represents our agreement with You about Your use of our platform, please take the time to read this document in its entirety.
Our Terms of Use ("Terms" or "Agreement") also includes our Privacy Policy, Cookies Policy, Code of Conduct, and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to the Corsix platform, whether You are a visitor, guest, Creator, User, etc.
Corsix's Platform can be found at https://corsix.com, and also includes all of the subdomains, mobile applications, any other media, location, application, etc., owned, managed, operated, etc. by Corsix. When referring to the infrastructure in this Agreement, we will be collectively referring to them as the "Platform".
I. Introduction
Corsix, Inc. ("Corsix") provides an open online content creation platform designed to allow Creators to build, design, publish, and sell courses and services ("Content") to their Users. Corsix offers this Content creation platform along with a number of additional services and tools (e.g. payment gateways, author and affiliate payouts) and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as "Corsix Services."
By using our Platform in any manner You are expressly agreeing to, and give Your consent to be governed by, these Terms. If You do not agree with these Terms or You do not wish to be bound by these Terms, You must not use or access Corsix's Platform in any manner.
Corsix is neither a content provider nor an educational institution. Creators and Users are not employees of Corsix. Corsix is not responsible for interactions between Creators and Users, with the exception of providing the technological means through which Creators may broadcast and otherwise make their Content available and, at each Creator's election, for processing payments through Corsix's payment gateway(s). Corsix is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/User relationship, including but not limited to, any User's reliance upon any information provided by a Creator or Creator Content at any time.
As stated in our Privacy Policy, Corsix only provides Creators with limited information about the Users enrolled in their Content, including name, email address, and the Content in which the User has enrolled. This information is only available to the Creator upon the purchase or enrollment of a User in the Creator's Content. Corsix does not provide, sell, rent, release, disclose, or otherwise transfer User data to Creators for monetary or other valuable consideration.
Users assume full responsibility for the disclosure and use of any other personal information the User chooses to disclose to any Creator on the Platform.
II. Terms Applicable to All Users of the Corsix Platform
A. Age of Access
You must be at least 18 years old to use the Platform, or, if You are between the ages of 13 and 18, You must have your parent or guardian's permission to use the Platform. By using our Platform, You are telling us by your actions that You have obtained that permission (You are 'representing' and 'warranting' that You have obtained the appropriate permissions to use our Platform). IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOTUSE OUR PLATFORM IN ANY MANNER NOR MAY YOU REGISTER FOR AN ACCOUNT.
B. License to Creators & Users
Corsix grants You a limited, non-exclusive license to access and use Corsix's Platform for Your own personal and commercial purposes. This license is only for Your use and may not be assigned or sublicensed to anyone else, without Corsix's express written consent. Except as expressly permitted by Corsix in writing, You will not try to reproduce Corsix's Platform (legally that's known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm the Platform. All rights not expressly granted by Corsix are reserved.
C. Code of Conduct
Consider our Code of Conduct the ground rules that everyone using our platform must abide by. Most of what we cover here should go without saying; but for the avoidance of doubt and to avoid assumptions, we want to be explicit about how people are expected to conduct themselves on our Platform.
1. No Illegal Activity: This is about as simple as it gets. Do not use the Corsix Platform for any illegal activity. Period. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
2. No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity.
3. No Bad Code: Do not use the Corsix Platform to transmit, distribute, send, or otherwise expose the Platform or its Users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.
4. No Spamming: Seriously. No one likes spam. We don't like spam. We're pretty sure that You don't like your inbox cluttered with spam. You may not use the Corsix Platform to engage in any activities that will result in sending spam to anyone on the Corsix Platform, including Corsix (and its employees), Creators, and Users, or for that matter, anyone else whatsoever.
5. Be Civil: We mean this. We're an open platform allowing myriad subject matters to be taught. Not all Content is for everyone. But the one thing we can all agree on is that when we use the Corsix Platform we are going to be civil and respectful at all times.
6. No Exploitation: You will not use the Corsix Platform to try to gather personal information on anyone outside of the limited permissible uses for offering or accessing Content.
7. No Impersonation: Imitation is the sincerest form of flattery, but not when it comes to representing that You area part of Corsix. You will not impersonate anyone on the Corsix Platform, including Corsix (and its employees), Creators, and Users.
8. No Data Mining or Bots: You may purposes other any data mining, robots, or similar data gathering or extraction methods.
9. No Use Other Than Intended: You not use use the Platform or any Content contained on the Platform for any may not than intended.
10. No Prohibited Content: You may not use the Platform if Your Content contains material that is libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, violent, predatory, defamatory, or otherwise objectionable, all of which shall to remove in Our sole discretion.
If You violate this Code of Conduct, we reserve the right be determined You and any of Your Content from the Corsix Platform. Whether conduct violates our Code of Conduct will be determined in Corsix's sole discretion.
III. Terms Applicable to Creators
A. Intellectual Property and Data Processing
In operating our Platform, it's important for us to make it clear who owns what and who's responsible for what. You are trusting us with Your content and consistent with Corsix's genuine belief in transparency we want to make it simple for You to know exactly what You are getting into when You join the Corsix community.
1. Corsix Content: Content that Corsix uploads to the Platform, Corsix intellectual property and proprietary information, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "Corsix Content", and is and remains the sole property of Corsix. Corsix Content, including our trademarks, may not be modified by You in any way.
2. Your Content: Content that You upload to the Platform is and remains Your content. Corsix does not claim any intellectual property rights over the materials You upload to the Corsix Platform by virtue of Your use of Corsix Services. By uploading Your content any intellectual Corsix Platform, You agree that:
(a) Corsix may review Your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Corsix has no obligation to review anything that You upload and You understand that Corsix may not review all content uploaded.
(b) You are uploading Your content to the Corsix Platform at Your direction and Corsix does not in any way certify or provide approval or permission prior to You uploading Your content.
(c) Corsix may display Your content to other users (e.g., but without limitation, Your Users) via the Corsix Platform.
(d) Corsix may display Your content for its own promotional activities.
(e) You agree that by uploading Your content to Our Platform, You are allowing Us to store Your Content.
(f) You agree to provide Corsix with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use (e.g, to display or transmit) Your Content and transferable of the Corsix Services and Corsix itself. (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers).
(g) You are responsible for and own, or have the rights use it, all of Your Content.
3. Content Free of Infringement of Any Third Party Rights
(a) You agree that Your Content does not infringe upon anyone else's intellectual property rights and that You have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.
(b) In plain language, this means that if You're using someone else's work (including videos, text, charts, powerpoints, etc.) in Your Content, You've gotten the content owner's permission to use it. You wouldn't want anyone selling any of Your Content without Your permission. If You are going to use something that You didn't create, make sure You can demonstrate that You have the right to use it before You make it a part of Your Content.
4. Processing of Personal Information by Creators
(a) Creators are responsible for protecting all personal information they provide to, or receive from, Corsix in connection with the use of Corsix Services. Creators agree to abide by data protection laws that apply to a Creator's use of Corsix Services to process user data or creator data.
(b) Creators are considered controllers or "owners" of the personal information they collect from and about Users. n Creators are responsible for providing an appropriate privacy notice to their Users, respecting their Users' privacy rights in accordance with applicable law, and providing access to or deleting Users' personal information if they request and as required by applicable law.
IV. Corsix's General Rights In Operating Its Platform
A. Corsix Reserves the Following Rights Over the Entire Corsix Platform:
1. Corsix may modify, terminate, or refuse to provide Corsix Services at any time for any reason, without notice.
2. Corsix may remove anyone from the Corsix Platform at anytime for any reason, solely in Corsix's discretion. This right is not modified by any other section of this Agreement.
3. Corsix reserves the right to access Your account and Content in order to respond to requests for technical support, to maintain the safety and security of the Corsix Platform, and for other legitimate business purposes in Corsix's sole discretion.
4. Corsix may, but has no obligation to, monitor any content that appears on the Corsix Platform or review any conduct occurring through the Platform, including any interactions between Creators and Users and Corsix employees.
5. Corsix reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.
6. If You close Your account, Corsix may keep a copy of Your content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.
7. Corsix reserves the right to remove You and Your Content immediately and without warning if You violate any of the provisions of this Agreement or for any other good cause as determined in Corsix's absolute and sole discretion.
8. Corsix has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time.
V. Corsix's Copyright, DMCA, Trademark, and Takedown Policy
Corsix takes a firm stance against anyone who is infringing upon anyone else's intellectual property. This Platform is all about You transforming Your knowledge into Content. We draw a hard line when the Corsix Platform is used to exploit someone else's intellectual property.
A. Copyright Violations and the DMCA
If Corsix has a good faith belief that any content (including Creator Content) appearing on its Platform violates any copyrights or has been illegally copyrighted, Corsix reserves the right to remove, block, or otherwise 'take down' the content. Corsix also reserves the right to remove from the Platform any Creators, Users, or other parties, who are repeat offenders.
1. Reporting Copyright Infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"):
(a) Corsix provides an online form for submitting copyright infringement notices under the DMCA. If you believe that content on the Corsix Platform is infringing on your copyrights, please email legal@corsix.com with the following information:
• Your email
• Copyright owner's full legal name
• Copyright owner's full street address
• Copyright owner's telephone number
• Agent's full legal name (if different from above)
• Agent's full street address (if different from above)
• Agent's telephone number (if different from above)
• Link to the content
• Detailed description of your work
• Link to the infringing content
• Description of the specific material that is claimed to be infringing
• You must include and attest to the following language in your email: I have a good faith belief that use of the material in the manner complained of is not authorized by the copyrights owner, its agent, or the law.
• You must include and attest to the following language in your email: Under penalty of perjury, the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
(For trademark infringement claims, refer to Section V(B) below).
(b) If your submission contains all of the information required by the form and complies with the DMCA, Corsix will expeditiously remove or disable access to the content alleged to be infringing.
(c) Please note that when Corsix removes content in response to a DMCA notice, Corsix will attempt to contact the party who posted the content You report as infringing and provide information about the notice and removal, including information about how to submit a counter notice. Corsix may also send a copy of any notices received to the affected party.
2. DMCA Counter Notice Procedure
(a) If Your content is removed due to the receipt of a DMCA notice and you believe that your content was wrongly removed, you may sendCorsix what is known as a Counter Notice.
(b) Your Counter Notice must contain:
(i) A physical or electronic signature
(ii) Identification of what was removed and the location where the material appeared before it was removed
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district ofNew York and that you will accept service of process from the person who provided notification
(c) Your Counter Notice must be sent to Corsix's designated agent at legal@corsix.com.
(d) Please note that a copy of any Counter Notice received will be sent to the party who reported the content as infringing.
3. Repeat Infringement Policy
(a) As we stated above, Corsix really doesn't look favorably on anyone who is using someone else's intellectual property without permission. Should Corsix receive two or more DMCA complaints regarding any Creator, Corsix may simply remove that Creator from the Corsix Platform without further warning. Note: as we state in our Corsix Rights section, we still reserve the right to remove any User at any time for any reason. This Repeat Infringement section does not change that right in any way.
B. Trademark Violations
Corsix reserves the right to remove access to content that it knows, or has reason to know, violates the rights of trademark owners. Please note that Corsix will send a copy of any trademark infringement claim received to the user who posted the content you report as infringing.
1. Reporting Trademark Infringement
(a) Corsix provides trademark owners an online form for submitting information to enable Corsix to evaluate trademark infringement claims. If you believe that a user of the Corsix Platform is infringing your registered trademark, please email legal@corsix.com with the following information:
• Your email
• Trademark owner's full legal name
• Trademark owner's full street address
• Trademark owner's telephone number
• Agent's full legal name (if different from above)
• Agent's full street address (if different from above)
• Agent's telephone number (if different from above)
• Trademark - please provide the literal element(s) or description of design
• Trademark Registration Number(s) - U.S. registrations must be on the Principal Register
• Countries of registration
• Link to the infringing content
• Concise explanation of where each above link shows use of your trademark in connection with goods or services covered by your trademark registration(s)
• You must include and attest to the following language in your email: I have a good faith belief that use of the material in the manner complained of is not authorized by the copyrights owner, its agent, or the law.
• You must include and attest to the following language in your email: Under penalty of perjury, the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
(For copyright infringement claims, refer to Section V(A) above).
(b) If your submission contains all of the information required by the form and demonstrates that a user of the Corsix Platform is infringing your registered trademark by using your trademark in connection with the goods or services covered by your registration, Corsix will take appropriate action, which may include removing access to the infringing content and/or terminating the user.
(c) Do note Corsix is not a court of law and there may betimes that we cannot take action based on the information that you submit in our online form. In such cases, we may refuse to take action, and if warranted, you may resubmit the online form with additional information and materials requested by the form that were not previously submitted.
2. Counter Notice Procedure
(a) If Your content is removed due to the receipt of a Trademark notice, you may send Corsix a counter notice if you believe that your content was wrongly removed.
(b) If Corsix receives a counter notice that denies the infringement claim and asserts that it has a good faith basis for doing so, Corsix may choose not to remove the allegedly infringing content but will put you in contact with the user so that you and the user can address the matter directly.
VI. Third Party Communications
By using Corsix's Platform, You may receive communications from third parties (e.g. a Creator may communicate with a User). Corsix is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Corsix assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.
VII. Third Party Offerings
Through the Corsix Platform, You will have the ability to access content, links to websites, and services provided by Creators, Users, and other third parties ("Third Party Offerings"). Your use of anyThird Party Offerings provided on this Platform or a third party website is at Your own risk. Corsix does not monitor or have any control over, and makes no claim or representation regarding Third Party Offerings and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Offerings. You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party.
VIII. Payments
A. Corsix Native Gateway
1. Appointment of Corsix as a Limited Payment Collection Agent for Corsix Native Gateway: Each Creator collecting payment for services provided on the Corsix platform via Corsix Native Gateway hereby appoints Corsix as the Creator's payment collection agent solely for the limited purpose of accepting funds from Users purchasing such services.
(a) Each Creator agrees that payment made by a User through the Corsix Native Gateways shall be considered the same as a payment made directly to the Creator, and the Creator will provide the purchased services to the User in the agreed manner as if the Creator has received the payment directly from the User. Each Creator agrees that Corsix may refund the User in accordance with the Terms. Each Creator understands that Corsix's obligation to pay the Creator is subject to and conditional upon successful receipt of the associated payments from Users. Corsix guarantees payments to Creators only for such amounts that have been successfully received by Corsix from Users in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Creator, Corsix assumes no liability for any acts or omissions of the Creator.
(b) Each User acknowledges and agrees that Corsix acts as the Creator's payment collection agent for the limited purpose of accepting payments from you on behalf of the Creator. Upon payment of the funds to Corsix, the User's payment obligation to the Creator for the agreed amount is extinguished, and Corsix is responsible for remitting the funds to theCreator in the manner described in these Terms, which constitute Corsix's agreement with the User. In the event that Corsix does not remit any such amounts once successfully received from the User, the Creator will have recourse only against Corsix and not the User directly.
2. Corsix Payments: The Corsix Payments gateway allows Creators to process credit or debit card transactions and facilitates faster payout processes. Corsix Payments is available to some Creators, based on location. For a list of eligible locations, please contact legal@corsix.com.
(a) Creators have the option to set up Corsix Payments from their channel's Admin page. By setting up Corsix Payments, You agree to the terms that appear in this Agreement and/or on the Corsix Platform regarding the Corsix Payments Gateway.
(b) Third Party Agreement: In setting up Corsix Payments, You may be instructed to agree to terms of service offered by Stripe. Stripe is an independent party from Corsix and Corsix is not responsible for the contents of their terms of service. Should Stripe's terms of service differ from Corsix's terms, such differences shall not modify this Agreement in any manner.
(c) By using Corsix Payments You agree that Corsix may place a portion of Your channel sales in reserve for a period of time to cover losses, chargebacks, refunds, etc. The amount of reserves and the length of time in which they are held are subject to change at Corsix's sole discretion. Should the reserve period or the amount withheld change, Corsix will make reasonable efforts to inform impacted Users.
Fees for Corsix Payments may be found on the Corsix website. All Corsix Payment gateway fees will be deducted before the funds are sent to the Creator. The fees associated with Corsix Payments are subject to change, in Corsix's sole discretion. By using Corsix Payments, You agree to the fees as set by Corsix.
B. Chargebacks
1. Creators may be charged a fee for any chargeback on credit card, debit card, or PayPal transaction that is processed through the Corsix Native Gateway. This fee is deducted from Your channel's payout but is returned to You if You win the dispute.
C. Taxes
1. When it comes to responsibilities for collecting, reporting and remitting taxes to respective tax authorities, a distinction should be made between:
(a) any fees paid by the Creators to Corsix, and
(b) the Content sold by Creators to Users through the Corsix platform.
2. Fees owed by Creators
Where applicable, Corsix will collect from the Creator tax that may arise in connection with fees owed by Creators to Corsix. Creators who believe that they should not be charged tax in connection to such fees must provide Corsix with a valid tax/identification number, a valid tax ID/tax certificate or other documentary proof issued by an appropriate taxing authority confirming that Corsix should not charge tax to the Creator in accordance with the applicable tax laws. Please note that in some situations, tax laws may require the Creator to report and remit tax itself to its tax authority with regard to fees paid to Corsix (these situations are commonly referred to as 'reverse charge').
3. Content sold by Creators to Users
Creator and User expressly acknowledge that an agreement is formed directly between Creator and User with regard to the Content sold by the Creator to the User. Corsix is not a party to that agreement nor sets any of the terms for the Content sold by the Creator to the User.
The Creator is the supplier of the Content, Corsix is not responsible for interactions between Creators and Users and only provides technical means through which Creators may make their Content available toUsers.
As the Creator sells the Content directly to the User under its agreement with the User, the Creator will be solely and fully responsible to collect, report and remit the correct amount of tax (if any) to tax authorities for charges to the Users for Content. Corsix recommends Creators to consult a tax advisor to assist with determining the tax requirements relating to the sale of their Content.
In the event a Creator sells content to Users in multiple countries, different tax obligations may apply for the Creator, depending on the countries where the individual Users reside.
IX. Pricing
Corsix is not responsible for setting the pricing on a Creator's Content. Prices for Creator Content are set by the Creator.
X. Account Ownership Disputes
In the unlikely event that there is a dispute over the ownership of an account, Corsix has the right to request additional information from You to determine ownership and settle the dispute. The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following:
• a copy of Your photo ID;
• Your business documents, including a Charter, Certificate of Incorporation, LLC Agreement, business license, or other documentation showing ownership of Your entity;
• Your billing information and details;
• Certified copies of your tax forms; and
• Other documentation as we deem necessary to settle the dispute.
Should a dispute arise, Corsix reserves the right determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law.
XI. Fees
A. Corsix collects fees from Creators when Users subscribe to and pay for Creators' Channels. Other features may be offered free of charge.
B. Pricing for the Corsix Platform is described on our home page.
C. Additionally, Corsix charges transaction fees. You agree to pay all fees and charges that are made to Your account and that You are solely responsible for payment of these fees and charges.
D. Corsix fees will be deducted from funds received by Users prior to payment to Creators. You agree that Corsix may charge any outstanding fees to the credit card or debit card that You provide.
E. Should You not authorize payment or are otherwise not current on Your payments for Corsix Services, Corsix may restrict Your Platform access until Your account becomes current and paid in full.
F. Corsix reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with Corsix and/or retaining collection agencies or legal counsel.
G. Corsix reserves the right to offer custom plans and pricing in addition to what is offered on the pricing page. Custom plans may also include custom billing and payment terms, including billing periods and renewals, that are different from our standard terms.
XII. Refund Policy
We want You to be happy with Corsix's Platform. If You're not feeling excited about joining the Corsix community, we have some options for You regarding Your plan.
A. Users
1. Channel subscriptions
(a) In general, all Users purchasing courses that are a part of the Corsix Native Gateway are entitled to a thirty (30) day refund from the date of purchase. Unless authorized by Corsix in Corsix's sole discretion, no Creator on the Corsix Native Gateways may offer to Users a refund policy for a period of less than thirty (30) days.
(b) If a Creator has been allowed to offer a refund period that differs from Corsix's general policy, the Creator must provide notice to Users prior to the purchase of the course.
(c) Corsix reserves the right to refuse refunds to Users who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple channels or requesting refunds in consecutive months.
(d) Regardless of any other section to the contrary in this Agreement, Corsix does not establish, maintain, or control refunds or a refund policy for any Content that was processed through a Custom Payment Gateway, including courses.
2. General Provisions
(a) It is the User's responsibility to understand the refund policy for Content prior to purchasing such Content from a Creator.
(b) Corsix reserves the right to provide a refund to any User at any time in Corsix's sole discretion.
XIII. Cancellation and Deletion
A. Cancellation
1. If You cancel a paid plan, the cancellation will become effective at the end of the then-current billing cycle. When You cancel a paid plan, Your account will revert to a free account and Corsix may disable access to features available only to paid plan users.
B. Deletion
1. You may delete Your account at any time.
2. Any account on the free plan may be deleted if it remains inactive (e.g., the user fails to log in) for a continuous period of at least six (6) months. Activity will be determined by Corsix in its sole discretion.
3. Accounts on paid plans will be considered active accounts unless You explicitly ask us to delete Your account.
4. If Your account is deleted (regardless of the reason), Your Content may no longer be available. Corsix is not responsible for the loss of such content upon deletion.
5. Upon deletion of Your account (regardless of the reason), all licenses granted by Corsix will terminate.
C. Effect of Cancelation/Deletion
1. Should a channel, course, Creator account, or User account be canceled or deleted, the Creator or User may no longer have access to Corsix Content and Content may be irrecoverable. Corsix shall not be liable to any party in any way for the inability to access Content arising from any cancelation or deletion, including any claims of interference with business or contractual relations.
XIV. Errors and Corrections
Corsix does not guarantee that the Platform or any services offered through the Platform will be error-free or otherwise reliable, nor does Corsix guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. Corsix may make improvements and/or changes to the Platform and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Content are the responsibility of the Creator who owns the Content.
We reserve the right to amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform to Creators and Users.
XV. Limitations of Liability
In running the Platform, we require that You understand and agree that Corsix is not liable for a number of things, including Your breach of this Agreement and losses that may result from Your use of the Platform. We also require that You understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that Corsix doesn't warrantor guarantee that it will always be free of errors or defects. Any claims for damages against Corsix will be limited to a portion of the fees You have paid us.
Our limitations of liability are as follows:
A. You agree that Corsix, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the Corsix Platform.
B. You agree that Corsix shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications.
C. Corsix is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command.
D. Corsix does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.
E. The Corsix Platform is provided to You on an "As Is, As Available" basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to the Corsix Platform.
F. Corsix disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title.
G. Corsix shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform.
H. You agree that Corsix shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless Corsix, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other Corsix policies, and copyright and other intellectual property law).
I. You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the Platform.
J. Should Corsix's limitation of liability not be applicable, Corsix's sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to Corsix over the prior twelve (12) months directly preceding Your claim, unless otherwise required by law.
K. You agree that Corsix shall not be liable for any content that appears on the Platform.
L. Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity.
M. You agree that any cause of action or claim that You may have against Corsix must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred.
XVI. Remedies for Violations
Corsix reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing Creators and Users from the Platform, the right to block access to the Platform from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.
XVII. Communications
Corsix may notify You of relevant information regarding the Platform and Corsix Services in any of the following ways: (a) by emailing You at the contact information You provide in Your account registration, (b) by posting a notice in dashboard areas of the Platform, and (c) by posting the notice elsewhere on the Platform in an area suitable to the notice. It is Your responsibility to periodically review the Platform for such notices. Subject to the Privacy Policy, if You send to Corsix or post on the Platform in any public area any testimonials, techniques, suggestions, workflows, or know-how ("User Submissions"), for any purpose, including the developing, manufacturing, and/or marketing or products or services incorporating such information, You acknowledge that Corsix can use such User Submissions without acknowledgement or compensation to You, and You waive any claim of ownership or compensation or other rights You may have in relation to your User Submissions. We actively review User Submissions for new ideas. If You wish to preserve any interest You might have in your User Submissions, You should not post them to the Platform or send them to us.
XVIII. Governing Law and Jurisdiction; Disputes and Arbitration
A. This Agreement shall be governed in accordance with the laws of the State of California without regard to its conflicts of laws principles. Any action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in the County of Orange in the State of California. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.
B. Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to this Agreement, shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein.
C. The arbitration will be conducted in Orange County, California, unless You and Corsix agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Corsix from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights.
D. You and Corsix agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that You will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which You act or propose to act in a representative capacity.
E. You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of Corsix and all parties to any such proceeding.
XIX. California Civil Code Section 1789.3
California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Complaints or requests for further information can be sent to the address listed in the Contact Us section of this Agreement.
XX. Privacy
Your use of the Platform is subject to our Privacy Policy.
XXI. Entire Agreement; Severability of Provisions; Assignment; No Waiver
A. These Terms of Use incorporate by reference any notices contained on the Platform, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of anything offered by Corsix, including the Platform, Corsix Services, and any Content.
B. If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
C. You may not assign Your rights under this Agreement without Corsix's prior written consent. Corsix may assign or transfer this Agreement in whole or in part at any time, with or without notice.
D. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
XXII. OFAC
You represent and warrant that You are not, nor are You owned or controlled directly or indirectly by, any person, group, entity or nation named on any list issued by the Department of the Treasury's Office of Foreign Asset Control ("OFAC"), or any similar list or by any law, order, rule or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a "Specially Designated National and Blocked Person", terrorist, or other banned or blocked person (any such person, group, entity or nation being hereinafter referred to as a ("Prohibited Person");(ii) You are not (nor are You owned or controlled, directly or indirectly, by any person, group, entity or nation which is) acting directly or indirectly for or on behalf of any Prohibited Person; (iii) You (and any person, group, or entity which You control, directly or indirectly) have not conducted nor will conduct business nor have engaged nor will engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, good or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iv) You are not prohibited by any sanctions program as maintained by OFAC from transacting with Corsix, including those sanctions programs currently in effect with respect to Cuba, Iran, North Korea, Syria, Venezuela, or Crimea. In connection with the foregoing, it is expressly understood and agreed that the representations and warranties contained in this subsection shall be continuing in nature.
XXIII. Changes to the Terms of Use
Corsix may review and update this Agreement at any time in our sole discretion and it is Your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that You accept and agree to be bound by the changes. Please check this webpage periodically for updates.
XXIV. Titles/Headings
The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor Corsix shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.
XXV. Gender/Plurality/Etc.
Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa. Any use of the word "includes" shall be used illustratively and such usage shall not imply any limitations.
XXVI. Contact Us
If You have questions or concerns regarding these Terms of Use, the Platform, Corsix Services, or Content, You may contact Us via physical or electronic mail at the address below. Note: the Corsix office is not open to the public: Corsix, Inc. 6789 Quail Hill Parkway, Unit 716, Irvine, California 92603 Email: support@corsix.com.