TERMS & CONDITIONS
YOUR USE OF THE WEBSITE AND THE CONTENT CONTAINED HEREIN CONSTITUTE YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
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 AND YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR GUARDIAN’S PERMISSION.
2. Fees and Payments.
3. Limitations on Use; Third Party Communications.
3.2. Third Party Communications. Owner disclaims all liability for any Third Party Communications, as defined below, that you may receive and any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Owner assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with the Website or Content.
3.3. Conduct During Geniecasts. Many Geniecasts are broadcast live and allow users to participate in real time. If you chose to participate, you agree to be respectful, professional and courteous and to refrain from ad hominem attacks. You may not harass or disparage the Genies or other users. You may not use profane or obscene language, display lewd or inappropriate behavior or images, or make any statements or conduct yourself in a manner that may be interpreted, in Owner’s sole determination, as discriminatory, offensive or hate speech. If you engage in any such behavior, Owner reserves the right, in its sole discretion, to revoke your access to the Geniecast and/or ban you from using or accessing the Website and Content, with no obligation to refund any fees.
4. Intellectual Property Rights.
4.2 The Website contains interactive areas which may include, without limitation, blogs, wikis, bulletin boards, discussion boards, review and comment sections, chat rooms, email forums, and question and answer features (the “Interactive Areas”). All content original to you that you post to the Interactive Areas (collectively, “Postings”) is solely your property. Notwithstanding the foregoing, you grant Owner an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf all Postings. Said license is without restrictions of any kind and without any payment, permission or notification due from Owner to you or any third party. The license includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works of, combine with other works, translate, distribute, display, perform and sublicense Postings in all media now known or hereafter devised with no compensation or credit due to you.
4.3. You represent and warrant that the content of the Postings: (i) is original to you or you have sufficient rights to post it on the Website; and (ii) does not violate and will not violate applicable law or the rights of any third party including any right of publicity, right of privacy, copyright, patent, trademark or other intellectual property or any other proprietary right.
4.4. You acknowledge and agree that your submission of Postings to the Website does not create any new or alter any existing relationship between you and Owner.
4.5. By submitting Postings to the Website, you acknowledge and agree that Owner may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against Owner for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the Postings you provide to Owner.
5. Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement. Owner has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Owner reserves the right to remove any Content and/or Posting that allegedly infringe another person’s copyright. Owner will terminate, in appropriate circumstances, Members who are repeat infringers of another person’s copyright. Notices to Owner regarding any alleged copyright infringement should be directed to Owner via email at: email@example.com.
5.1 Filing a DMCA Notice to Remove Copyright-Protected Content If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
a) Your name, address, telephone number, and email address (if any);
b) A description of the copyrighted work that you claim has been infringed;
c) A description of where on the Website the material that you claim is infringing may be found, sufficient for Owner to locate the material (e.g., the URL);
d) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
e) A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
f) Your electronic or physical signature.
5.2 Filing a DMCA Counter-Notice to Restore Content Removed from the Website If you believe that your material has been removed by mistake or misidentification, please provide Owner with a written counter-notification containing the following information:
a) Your name, address, and telephone number;
b) A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
c) A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
d) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the Eastern District of Missouri, or any other judicial district in which Owner may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
e) Your electronic or physical signature.
7. No Solicitation. You shall not distribute on or through the Website any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Owner.
8. Advertisers. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Owner will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
9. Registration. Certain sections of the Website may require you to register. If registration is required, you agree to provide accurate and complete registration information. It is your responsibility to inform Owner of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise. Owner does not permit a) anyone other than you to use or access the Content or sections of the Website requiring registration by using your name or password; or b) access through a single name that is made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Owner immediately by emailing firstname.lastname@example.org.
10. Postings in Interactive Areas of the Website.
10.1. Postings to be Lawful. If you participate in Interactive Areas on the Website, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law. Owner may delete your Postings at any time for any reason or no reason without permission from you.
10.2. Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in any of the Interactive Areas allows you to create a screen name, you may also select and use an appropriate screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.
10.3. You are strictly prohibited from submitting Postings that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You are also strictly prohibited from providing Owner with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should Owner discover that you have done so, Owner will remove it immediately and reserves the right to ban you from the Website. None of the foregoing shall obligate Owner to actively screen the information that you provide.
10.4. No Monitoring of Postings. Owner has no obligation to monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Notwithstanding the foregoing, Owner reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any reason or no reason, without notice.
10.5. Non-Commercial Use Only of Interactive Areas. Interactive Areas are provided solely for your personal use. Any unauthorized use of the Interactive Areas of the Website, its Content, or Postings is expressly prohibited.
11. Errors and Corrections. Owner does not represent or warrant that the Website or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will be reliably accessible via the Internet. Owner does not warrant or represent that the Content or Postings available on or through the Website will be correct, accurate, timely, or otherwise reliable. Owner may make improvements and/or changes to its features, functionality, Content or Postings at any time.
12. Genie and Other Third Party Content. The Website will contain Content created by third party experts who contract with Owner. The Website may also contain other third party content and may provide access to such third party content via links from the Website. Owner shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Website. You understand that the information and opinions in the third party content are neither endorsed by nor do they reflect the belief or opinion of Owner. Further, information and opinions provided by employees and agents of Owner, including the experts with whom Owner contracts, in Interactive Areas are not necessarily endorsed by Owner and do not necessarily represent the beliefs and opinions of Owner.
13. Assumption of Risk. You assume all liability for any claims, suits and grievances filed against you, including, but not limited to, all damages related to your participation in any of the Interactive Areas.
14. DISCLAIMER. THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. OWNER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL AND FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
15. LIMITATION OF LIABILITY. OWNER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OR ACCESS OF THE WEBSITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH THE CONTENT OR ANY OF THE INTERACTIVE AREAS, OR ANY THIRD PARTY COMMUNICATIONS. OWNER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, OWNER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO OWNER, OR $100.00.
YOU AND OWNER AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED 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. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF OWNER AND ALL PARTIES TO ANY SUCH PROCEEDING.
16. Cancellation. You may cancel, with no charge, any Geniecast within 24 hours of the time it is confirmed by Owner. Owner will refund fifty-percent (50%) of the total purchase price for any Member/Purchaser cancellation occurring after 24 hours of the confirmation and up to seven (7) calendar days before the date of the Geniecast, No refund will be issued If you cancel within seven (7) calendar days of the Geniecast.
18. Third Party Rights. The provisions of paragraphs 14 (Disclaimer), 15 (Limitation of Liability) and 16 (Indemnification) are for the benefit of Owner and its present and future officers, directors, employees, agents, licensors, suppliers, and third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.