Terms & Conditions

The following terms of service (these "Terms of Service"), govern your access to and use of the Prometheus Systems website and mobile application, including any content, functionality and services offered on or through www.prometheussys.com or the Prometheus Systems mobile application (the "Site") by Prometheus Systems LLC (228 Park Ave S #789283 New York NY 10003). Prometheus Systems are collectively referred hereto as "Prometheus Systems" "we" or "us" and “you” or “user” means you as an user of the Site.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, Payment Terms, Prometheus Systems' Community Standards, and any additional standards, conditions, policies, guidelines and in-product disclosures (collectively, the “Terms”), which are incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated Terms herein.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms. Contacting our Customer Support team can be performed by sending an email to prometheus.sys.llc@gmail.com or submitting a chat request on our site. 

1. Representations and Warranties
This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or any of the services listed on the Prometheus Systems site.

The Site is available only to users who are not subject to any economic sanctions or trade restrictions imposed by the United States, European Union or any other applicable jurisdiction. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

2. Key Terms

• Buyers are users who purchase services on the Prometheus Systems site.
   

• Consultants are users who offer and provide Services on the Prometheus Systems site.
   

• Services are exclusive proposals that a Consultant can create in response to specific requirements of a Buyer.
   

• Services is where the Consultant can describe their service and the service’s terms, and the Buyer can purchase the service and book a session.
   

• Services are services offered on Prometheus Systems.
   

• Services is where Consultants can include all of their information, showcase their offers and anything that could be helpful to Buyers.
   

• Hourly Consultations means an order based on an hourly offer with an hourly rate.
   

• Hourly rate means the rate per hour agreed between Consultants and Buyers for an Hourly Contract.
   

• Logo & Brand Design means an order based on the need for a logo or digital design as desired by the Buyer.
   

• Orders are the formal agreements between a Buyer and Consultant.
   

• Automating Business Workflow means an order that would allow a buyer to streamline their business processes as desired.
   

• Dedicated Support means customer support that is offered to the buyers should they run into any issues with an order or have questions.

3. Overview (Main terms)

Only registered users may buy and sell on Prometheus Systems. In registering for an account, you agree to provide us with accurate, complete and updated information regarding your business or personal details, and update such details as required, without undue delay. In addition, you must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.

Consultants determine their pricing, at their sole discretion. Services on Prometheus Systems must be offered at a minimum Hourly Rate of US$7.25. Prometheus Systems reserves the right to set a higher Hourly Rate in certain services.

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Buyers pay in advance to create an Order, as further detailed on the Payment Terms.

For fees and payments please read the Payment Terms.

Consultants must fulfill their Orders, and may not cancel Orders on a regular basis or without cause.

Users may not offer or accept payments using any method other than placing an Order through www.prometheussys.com.

When purchasing on Prometheus Systems, Buyers are granted all rights for the delivered work, unless otherwise specified by the Consultant on their Services page or unless agreed otherwise between Consultant and Buyer.

Prometheus Systems retains the right to use all delivered work that the user has agreed to include and is published as part of a review, and Logo & Brand Designs for Prometheus Systems marketing and promotion purposes.

We care about your privacy. You can read our Privacy Policy here.

Prometheus Systems offers its users Logo & Brand Designs, which allows certain Consultants to offer various original logo designs for Buyers to adjust and customize per their own specific needs. Buyers purchase full commercial use rights to the Logo Design embedded with their brand name.

4. Consultants

4.1 Basics
Consultants create services on Prometheus Systems to allow Buyers to purchase their services.
 

Each service you sell and successfully complete, accredits your account with a revenue equal to 85% of the purchase amount.

Prometheus Systems accredits Consultants once an Order is completed. See our "Orders" section below for more information.

For more information about receiving payments, fees and taxes see the Payment Terms.

Consultants may promote their own Services & Services Page. Consultants are responsible for paying for any and all marketing expenses that may result from their promotion of their services & Services Page.

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Consultants may not promote any Prometheus Systems content via the Google Ads platform or through any marketing platform.

Consultants are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

4.2 Services

Consultants are allowed to post a select amount of active Services. Services created on Prometheus Systems are User Generated Content.

Services and/or users may be removed by Prometheus Systems from the Site for violations of the Terms, which may include (but are not limited to) the following violations and/or materials:
 

• Illegal or fraudulent services.

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• Copyright Infringement, trademark infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy found here.

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• Adult oriented services, pornographic, inappropriate/obscene.

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• Intentional copies of Services.

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• Spam, nonsense, violent or deceptive Services.

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• Services misleading to Buyers or others.

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• Reselling of regulated goods.

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• Low quality services or deliveries.

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• Promoting Prometheus Systems and/or its Services through activities that are prohibited by any laws, regulations and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.

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• Services that are removed for violations mentioned above, may result in the suspension of the Consultant's account.

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• Services that have been permanently removed for violations are not eligible to be restored or edited.
   

• Services may be removed from our listings due to violations of our Terms, poor performance, and/or user misconduct.

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• Services may include website URLs to pre-approved URL-patterns contained within the booking description. Services containing websites promoting content, which violates Prometheus Systems’ Terms, will be removed.

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• Services are required to have an appropriate Service image related to the service offered. Consultants must deliver the same quality of service as shown on their Services images. Recurring deliveries that don’t match the quality shown on the Service images may lead to the Consultant’s account becoming permanently disabled.

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• Statements on the Service Page that undermine or circumvent these Terms are prohibited.

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• Any Service that had no activity during a period of 3 months will be automatically terminated.

Time reporting:

Consultants should report their hours immediately after performing the work, with sufficient information describing the work performed by them. Once Consultants log their working hours, it will be sent to the client for their review. Consultants are welcome to add additional information and attach any relevant files to provide additional context. Such additional information might be used by Prometheus Systems' Customer Support in case of a dispute.

Consultant's reported hours must be accurate and complete, reflecting true working hours, all in accordance with the Hourly Services.

Consultants acknowledge and understand they will not be paid for any reported hours exceeding the Hourly Limit as well as any time significantly exceeding the time estimation.

All working hours performed during a week must be reported by Sunday, 23:59 EST. Any hours not reported within this deadline will not be included in the Services Report and the Consultant will not be paid for it.

5. Buyers

5.1 Basics

You may not offer direct payments to Consultants using payment systems outside of the Prometheus Systems platform.

Prometheus Systems retains the right to use all delivered work that the user has agreed to include and is published as part of a review, and Logo Brand Designs for Prometheus Systems marketing and promotion purposes.

Services requested on Prometheus Systems must be an allowed service on Prometheus Systems. Users should refrain from using such features for any purpose other than looking for services on Prometheus Systems.

When placing an Order on the Prometheus Systems platform you may only use funds that were obtained from legal sources and are not, directly or indirectly, connected to any unlawful or fraudulent activities.

5.2 Purchasing

Please refer to the Payment Terms for making payments through the Site and to learn about fees and taxes.

You may not offer Consultants to pay, or make payment using any method other than through the prometheussys.com site. In case you have been asked to use an alternative payment method, please report it immediately to prometheus.sys.llc@gmail.com.

5.3 Recommendation System

We make personalized recommendations of content to our users in order to enhance the experience on Prometheus Systems. 

6. Orders

6.1 Basics

Once payment is confirmed, your Order will be created. 

An Order is considered complete after the consultant delivers the work to a buyer and have it be accepted by a Buyer. An Order will be automatically considered "Complete” if not accepted and no request for modification was submitted within 3 days.

Certain Services that offer local services might require Buyers and Sellers to meet in person in order for the Consultant to perform the service. In such cases, users should note that Prometheus Systems does not guarantee the behavior, conduct, safety, suitability or ability of either Buyers or Consultants. Both Buyers and Consultants agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and Prometheus Systems has no responsibility or liability related to any local services provided by the Consultants. In the event that the service is performed on the Buyers’ premises, Buyers are encouraged to maintain proper insurance policies to cover their liability as the premise owner. Prometheus Systems’ Terms remain applicable to Orders that are performed outside of the site (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).

6.2 Handling Orders

When a Buyer places an Order, the Consultant is notified by email as well as notifications on the Site while logged into the account.

Consultants are required to meet the delivery time they specified when creating their services. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late.

Consultants must send completed files and/or proof of work when notifying the Buyer that the order has been completed. Failure to do so may result in a cancellation of that Order after review, and result in a warning to the Consultant. Repeat warnings may lead to the consultant's account being suspended.

Users are responsible for scanning all transferred files for viruses and malware. Prometheus Systems will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

6.3 Reviews

Reviews will not be removed unless there are clear violations of our Terms.

To prevent any misuse of our review system, all reviews must come from legitimate and eligible orders. Purchases arranged, determined to artificially enhance Consultant reviews, or to abuse the Site, may result in a permanent suspension of all related accounts.

Withholding the delivery of services, files, or information required to complete the service with the intent to gain favorable reviews or additional services is prohibited. Consultants may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

Once both Consultant and Buyer have completed their reviews, or the applicable review period has passed, all posted reviews are made public.

7. Brand & Logo Design Services

Brand & Logo Design Services allows certain Consultants to offer various original logo designs (each, a “Logo Design”) for Buyers to adjust and customize per their own specific needs. With this service, Buyers purchase full commercial use license (as further detailed below) to the Logo Design embedded with their brand name.
 

We may use automated systems that analyze Consultants uploaded Brand & Logo Designs to help detect and prevent infringement or other illegal content, as well as limit the number of active Logo Designs each Consultant can offer.

By uploading a Logo Design on the Prometheus Systems site, you represent and warrant that it is your original work, you exclusively own all rights to such design, and it does not infringe on any third party rights. You further warrant that such design was never sold before to anyone and that you will not offer it for sale outside of Prometheus Systems.

7.2 Logo Design Commercial Use License

When an Order through the Brand & Logo Design Services is completed, and subject to payment, the Consultant grants the Buyer a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to use the Logo Design embedded with the Buyer’s brand name for any purpose, except for any illegal, immoral or defamatory purpose. There is no warranty, express or implied, with the grant of this license, including with respect to fitness for a particular purpose. Neither the Consultant nor Prometheus Systems will be liable for any claims, or incidental, consequential or other damages arising out of this license, the Logo Design or the Buyers use of the Logo Design. For the avoidance of doubt, the Consultant retains all ownership rights to the Logo Design, and no ownership or copyrights are granted to the Buyer.

8. User Conduct and Protection

Prometheus Systems enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value.

Prometheus Systems maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Prometheus Systems. This section relates to the expected conduct users should adhere to while interacting with each other on Prometheus Systems.

To report a violation of our Terms, User Misconduct, or inquiries regarding your account, please contact our prometheus.sys.llc@gmail.com.

8.1 Basics

Requesting or providing email addresses, third party messaging applications, telephone numbers or any other personal contact details to communicate outside of Prometheus Systems in order to circumvent or abuse the Prometheus Systems messaging system or Prometheus Systems platform is not permitted.

Any necessary exchange of personal information required to continue a service may be exchanged within the Services Page.

Prometheus Systems does not provide any guarantee of the level of service offered by Consultants to Buyers. You may use the dispute resolution tools provided to you in the Services Page.

Prometheus Systems does not provide protection for users who interact outside of the Site.

All information and file exchanges must be performed exclusively on the Site.

Rude, abusive, or improper language, and violent or threatening messages will not be tolerated and may result in an account warning or the suspension/removal of your account.

You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.

Users may not submit proposals or solicit parties introduced through Prometheus Systems to contract, engage with, or pay outside of Prometheus Systems.

8.2 Orders

Users with the intention to defame competing Consultants by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Customer Support team.

Users are to refrain from spamming or soliciting previous Buyers or Consultants to pursue removing/modifying reviews or cancelling Orders that do not align on Order Cancellation or Feedback policies.

8.3 Services & Services Page

Consultants warrant that any content included in their Services and Services Page, is original work conceived by the Consultant and does not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Service, or Service Page, Consultants represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Services.

Users may report Services, that may be in violation of Prometheus Systems' Terms based on the reported Services’ replicated similarity to pre-existing services (copycat Services) through our reporting system or to Customer Support.

Prometheus Systems will respond to clear and complete notices of alleged copyright or trademark infringement.

8.4 Reporting Violations

If you come across any content that may violate our Terms and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms. All cases are reviewed by our Customer Support. Our decision, among others, may rely on the information that you provided to us. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information. Any misuse of our reporting system, may result in a restriction or a permanent suspension of the related accounts.

8.5 Violations

Users may receive a warning to their account for violations of our Terms or any user misconduct reported to our Customer Support team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can affect your eligibility to certain benefits and tools, remove your Services from our listings or lead your account to becoming permanently disabled.

If we have taken action against a user’s account or a Service(s), for the violation of our Terms, we will send the user an email explaining the reasons and basis for such actions as well as their options regarding an additional review.

Non-Permitted Usage

Adult Services & Pornography - Prometheus Systems does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language - Communication on Prometheus Systems should be friendly, constructive, and professional. Prometheus Systems condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Services or Orders.

Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Consultants further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Prometheus Systems will not be protected by our Terms of Service.

Authentic Prometheus Systems Profile - You may not create a false identity on Prometheus Systems, misrepresent your identity, create a Prometheus Systems profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Prometheus Systems reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, register excerpts, documents, etc.).

Intellectual Property Claims - Prometheus Systems will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

Fraud / Unlawful Use - You may not use Prometheus Systems for any unlawful purposes or to conduct illegal activities, including to bypass economic sanctions or trade restrictions imposed by the United States, European Union or any other applicable jurisdiction.

Abuse and Spam

Multiple Accounts - To prevent fraud and abuse, users are limited to one active Prometheus Systems account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Prometheus Systems community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Prometheus Systems' Terms may be a cause for permanent suspension of all accounts.

Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Prometheus Systems. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts - You may not buy or sell Prometheus Systems accounts.

8.6 Disputes and Cancellations

We encourage our Buyers and Consultants to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Prometheus Systems' Customer Support department for assistance. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

8.7 Content Moderation, Notices and Appeals

Prometheus Systems is generally not obligated to proactively check the content posted by users for its legality or compatibility with Terms. We are nonetheless entitled to carry out voluntary checks on our own initiative to identify and determine illegal or incompatible content and to take appropriate measures. We may take appropriate actions if we find, or are notified of, a violation of the Terms.

If Prometheus Systems takes action concerning you, your account or content, you can file a complaint against this decision. You may also file a complaint if you disagree with our decision following a notice you submitted. In both cases, the deadline for submitting a complaint is six months following the notification of the respective decision to you. You may file a complaint by contacting our Customer Support. Please explain in your complaint why you believe we should reverse our decision.

We will handle complaints in a timely, non-discriminatory, diligent, and objective manner and will reverse our decision if we come to the conclusion that it has been taken erroneously.

If you have your place of establishment or are located in the European Economic Area (EEA), you may select a out-of-court dispute settlement bodies that have been certified in accordance with Art. 21 (3) of the EU Digital Services Act (“Dispute Settlement Body”) to resolve disputes relating to our decisions concerning content you uploaded or notices you submitted, including complaints that our internal complaint-handling system did not resolve.

We reserve the right to refuse to cooperate with the selected Dispute Settlement Body if: (i) the respective dispute has already been resolved or is already subject to an ongoing procedure before the competent court or before another competent Dispute Settlement Body; or (ii) the six-months period from notification of our decision to you has expired without you filing a complaint through our internal complaint-handling or addressing the Dispute Settlement Body.

The decisions of Dispute Settlement Bodies are not binding on either party.

8.8 Proprietary Restrictions

The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by Prometheus Systems and protected by copyright, trademark, and other intellectual property laws. Prometheus Systems®, Service® and Services® are all registered trademarks owned exclusively by Prometheus Systems. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by the Terms. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Except for the limited right to use the Site according to these Terms of Service, Prometheus Systems owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.

8.9 Feedback Rights

To the extent that you provide Prometheus Systems with any comments, suggestions or other feedback regarding the Site, as well as other Prometheus Systems products or services (collective, the “Feedback”), you will be deemed to have granted Prometheus Systems an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Prometheus Systems is under no obligation to implement any Feedback it may receive from users.

8.10 Confidentiality

Consultants should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Consultants for the purpose of delivering the Services, and to protect such confidential information from unauthorized use and disclosure. Therefore, Consultants agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Consultants specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the Services; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

9. User Generated Content

User Generated Content ("UGC") refers to the content uploaded by users as opposed to content created by the Site. All content uploaded to the Site by our users (Buyers and Consultants) is User Generated Content. Prometheus Systems does not proactively check UGC for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Site, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Violating content may be removed or disabled.

Furthermore, Prometheus Systems is not responsible for the content, quality or the level of service provided by the Consultants. We provide no warranty with respect to Services on Prometheus Systems, their delivery, any communications between Buyers and Consultants, and the Logo Designs created between them. We encourage users to take advantage of our review system, our community and common sense in choosing appropriate services.

By offering a Service, the Consultant undertakes that they have sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Prometheus Systems. Consultants advertising online their Services, including Service Page or Logo & Brand Designs must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Service or Logo & Brand Design, as applicable, and may lead to the suspension of Consultant's account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of the Terms. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

10. Ownership

Ownership and limitations: When purchasing a Service on Prometheus Systems, unless clearly stated otherwise on the Consultant's Service page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Consultant, and the Consultant waives any and all moral rights (to the extent permitted by applicable law) therein. Accordingly, the Consultant expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Consultant agrees that it thereby, pursuant to the Terms, assigns all right, title and interest in and to the delivered work to the Buyer. Some Services (including for custom created work) may charge additional payments for a Commercial Use License. This means that if you purchase the Service for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through the Consultant's services and will have broader rights that cover your business use.

For Voice Over Services, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights (which means the Buyer is paying a one time fee allowing them to use the work forever and for non-commercial purposes).

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Prometheus Systems, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Prometheus Systems for no consideration for marketing purposes and/or other purpose relevant for the operation and function of the Site.

11. Disclaimer of Warranties

 

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, PROVIDED THAT WE HAVE ACTED WITH REASONABLE PROFESSIONAL DILIGENCE. NEITHER PROMETHEUS SYSTEMS NOR ANY PERSON ASSOCIATED WITH PROMETHEUS SYSTEMS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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12. Machine Translation

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Certain user-generated content on the Site has been translated for your convenience using translation software powered by Google. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement. The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.

 

13. Limitation on Liability

 

PROVIDED THAT WE HAVE ACTED WITH REASONABLE PROFESSIONAL DILIGENCE, IN NO EVENT WILL PROMETHEUS SYSTEMS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Prometheus Systems, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.

 

14. Deactivate and Disable Account

 

Prometheus Systems reserves the right to put any account on hold or permanently disable accounts due to breach of the Terms, including low quality services or deliveries, or due to any illegal or inappropriate use of the Site or services. Violation of Prometheus Systems' Terms may get your account permanently disabled. Users with disabled accounts will not be able to sell or buy on Prometheus Systems and related content may be removed. Please refer to the Terms, in particular the Content Moderation, Notices and Appeals section, for your rights to object to our decisions, or contact our Customer Support team for more information surrounding the violation and status of your account. Users may also deactivate their account with Prometheus Systems at any time from their account settings. Users that deactivate their account will still be responsible for any outstanding payment obligations. For more information, see "How to deactivate or permanently delete your account (opens in a new tab)". Any provisions of the Terms that relate to the relation between a Seller and a Buyer regarding Orders on Prometheus Systems will remain in effect even after you deactivate your account, or after your access to Prometheus Systems is disabled.

 

15. Security Features

 

Users have the option to enable account Security features to protect their account from any unauthorized usage. Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account. 

 

16. General Terms

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16.1 Changes to these Terms

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Prometheus Systems may make changes to these Terms from time to time. When these changes are made, Prometheus Systems will make a new copy of the Terms available on the respective page. You understand and agree that if you use Prometheus Systems after the date on which the Terms have changed, Prometheus Systems will treat your use as acceptance of the updated Terms. If you do not agree to the changes of the Terms, you will have to deactivate your account. Prometheus Systems may change these Terms due to changes in the Site, the Site's policies, the services and in the usual course of developing our product, changes in any relevant feature or functionality of the Site, changes in circumstances beyond our reasonable control, to adapt to new technologies, and to address changes in law and regulatory requirements as well as security and fraud issues.

 

16.2 Indemnification

 

To the fullest extent possible pursuant to applicable law, you agree to defend, indemnify, and hold Prometheus Systems harmless, including its officers, directors, or shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any of these Terms or any other Prometheus Systems Terms, policies and standards; (2) your violation of any third-party right, including any intellectual property right, access rights, property, or privacy right; and/or (3) any other type of claim that your Service Page, Services, your profile and/or your use of the Site or Prometheus System services caused to a third party, provided that Prometheus Systems acts with reasonable professional diligence. Prometheus Systems reserves the right to handle its legal defense however it deems fit—even if you are indemnifying Prometheus Systems—in which case you agree to cooperate with Prometheus Systems so it can execute its strategy.

 

16.3 Severability

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If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Prometheus Systems' failure to enforce any part of the Terms is not a waiver of its right to later enforce that or any other part of the Terms.

 

16.4 Entire Agreement

 

Our Terms constitute the entire agreement concerning the subject matter therein, and supersede any other agreement regarding the Site or services.

 

16.5 Interpretation
 

Any heading, caption or section title contained herein, and/or any explanation or summary columns, is provided only for convenience, and in no way alters and/or amend the provisions within the Terms nor shall it legally bind us in any way. The original language of the Terms is English. Prometheus Systems makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail. For consumers only, if you are residing in the EEA, the interpretation more favorable with the consumer shall prevail.