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authorpin <pin@pkgsrc.org>2022-06-07 10:25:38 +0000
committerpin <pin@pkgsrc.org>2022-06-07 10:25:38 +0000
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+Genius TERMS OF SERVICE
+
+Last Updated: June 24, 2020
+
+Welcome to the services operated by Genius Media Group, Inc ("Genius," "we,"
+"us" or "our"), consisting of the website available at genius.com, the Genius
+Live website available at live.genius.com ("Genius Live") and the other online
+and/or mobile services, websites and software provided by Genius (collectively
+the "Service"). By accessing or using the Service, you ("you" or "your"),
+signify that you have read, understand and agree to be bound by these Genius
+Terms of Service (as amended from time to time, "Terms") and to the collection,
+use, and disclosure of your information as set forth in our Privacy Policy, as
+modified from time to time and which is incorporated by reference herein.
+These Terms apply to all visitors, users, and others who access the Service
+("Users").
+
+If you are a United States Federal Agency, this Amendment is applied to the
+Terms of Service.
+
+We provide the Service for your use subject to the Terms. We reserve the right,
+in our sole discretion, to change or modify portions of these Terms at any time.
+If we modify these Terms, we will post a notice at the top of our Service for a
+period of seven (7) days. Your continued use of the Service constitutes your
+cknowledgement of, acceptance of, and agreement to the revised Terms. You agree
+to periodically visit this page to review the current Terms so you are aware of
+any revision to which you are bound. We will indicate at the top of this page
+the date these terms were last revised. If you do not agree to abide by these
+or any future Terms, do not use or access (or continue to use or access) the
+Service.
+
+Additional terms and conditions may apply to certain components or features of
+or provided via the Service (including Genius Live), and you agree that you
+shall be subject to any such terms that may be posted via the Service or
+otherwise made available to you from time to time. All such terms are hereby
+incorporated by reference into these Terms.
+
+PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
+THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY
+TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL
+BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
+
+THE SERVICE MAY CONTAIN CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE
+FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT GENIUS
+SHALL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE IN INCUR AS A RESULT OF ANY
+EXPOSURE TO SUCH CONTENT. YOU USE THE SERVICE AT YOUR OWN RISK.
+
+Eligibility
+
+This Service is intended solely for users who are 13 years of age or older. Any
+registration by, use of or access to the Service by anyone under 13 is
+unauthorized and in violation of these Terms. By using the Service, you
+represent and warrant that you are 13 years of age or older.
+
+The Children’s Online Privacy Protection Act (“COPPA”) requires that online
+service providers obtain parental consent before they knowingly collect Personal
+Data online from children who are under 13. We do not knowingly collect or
+solicit Personal Data from children under 13; if you are a child under 13,
+please do not attempt to register for the Service or send any Personal Data
+about yourself to us. If we learn we have collected Personal Data from a child
+under 13, we will delete that information as quickly as possible. If you believe
+that a child under 13 may have provided us Personal Data, please contact us
+at privacy@genius.com. Please note that if you are located in the European
+Union, we do not knowingly collect or solicit Personal Data from children under
+16, so if you are a child under 16 and you are located in the European Union,
+you should not attempt to register for the Service or send us any Personal Data.
+
+Access and Use of the Service
+
+Genius provides the Service as, among other things, a forum for commentary on
+music lyrics and other creative works, analysis of the meaning and implications
+of those lyrics and creative works and exploration of themes spanning various
+artists, genres and mediums. We welcome your participation in this exegesis
+subject to these Terms. Registration may not be required to view content on the
+Service, but even unregistered Users are bound by these Terms. Subject to the
+terms and conditions of these Terms, you are hereby granted a non-exclusive,
+limited, non-transferable, freely revocable license to use the Service as
+permitted by the features of the Service. Genius reserves all rights not
+expressly granted herein in the Service and the Genius Content (as defined
+below). Genius may terminate this license at any time for any reason or no
+reason.
+
+Your Registration Obligations: Your Genius account gives you access to the
+services and functionality that we may establish and maintain from time to time
+and in our sole discretion. We may maintain different types of accounts for
+different types of Users. If you open a Genius account on behalf of a company,
+organization, school, or other entity, then (i) "you" includes you and that
+entity, and (ii) you represent and warrant that you are an authorized
+representative of the entity with the authority to bind the entity to this
+Agreement, and that you agree to this Agreement on the entity's behalf. Without
+limiting the generality of the foregoing, if you are a teacher or other
+representative of a school and/or district, you represent and warrant that you
+have permission from your school and/or district to enter into these Terms and
+to use the Service as part of your curriculum. If you choose to register for
+an account, you agree to provide and maintain true, accurate, current and
+complete information about yourself as prompted by our registration form. The
+information you submit to us when you register ("Registration Data") and certain
+other information about you are governed by our Privacy Policy as well as these
+Terms, as discussed above. By using the Service you consent to having
+Registration Data and other data you submit transferred to and processed within
+the United States.
+
+Member Account, Password and Security: You are responsible for maintaining the
+confidentiality of your password and account, if any, and are fully responsible
+for any and all activities that occur under your password or account. You agree
+to (a) immediately notify Genius of any unauthorized use of your password or
+account or any other breach of security, and (b) ensure that you exit from your
+account at the end of each session when accessing the Service. Genius will not
+be liable for any loss or damage arising from your failure to comply with this
+Section.
+
+Modifications to Service: Genius reserves the right to modify or discontinue,
+temporarily or permanently, the Service (or any part thereof) or any User
+account with or without notice. You agree that Genius shall not be liable to
+you or to any third party for any modification, suspension or discontinuance of
+the Service.
+
+General Practices Regarding Use and Storage: You acknowledge that Genius may
+establish general practices and limits concerning use of the Service, including
+without limitation the maximum period of time that data or other content will
+be retained by Genius and the maximum storage space that will be allotted on
+Genius' servers on your behalf. You agree that Genius has no responsibility or
+liability for the deletion or failure to store any data or other content
+maintained or transmitted by or through Genius, including without limitation,
+User Content (as defined below). You acknowledge that Genius reserves the right
+to terminate accounts that are inactive for an extended period of time. You
+further acknowledge that Genius reserves the right to change these general
+practices and limits at any time, in its sole discretion, with or without
+notice.
+
+Conditions of Use and User Content
+
+You agree to use the Service only in compliance with these Terms:
+
+User Content: You are solely responsible for all information, data, text,
+software, music, sound, photographs, graphics, video, messages, annotations,
+or other content, information, and materials ("User Content") that you upload,
+post, publish or display (hereinafter, "post") or email or otherwise transmit or
+use via the Service, including without limitation (i) Registration Data, (ii)
+the information you include in your profile, which may include your handle or
+profile page for third party accounts like Facebook and Twitter and your photo,
+(iii) your comments on the Service(provided that the composition of any such
+summaries shall be created by and owned by Genius), and (iv) any lyrics, bodies
+of text, or graphics you post to the Service. You represent and warrant that
+the User Content and all other content submitted to the Service through your
+account or otherwise posted, transmitted, or distributed by you on or through
+the Service will not violate or infringe upon the rights of any third party,
+including any Intellectual Property Rights (as defined below), privacy,
+publicity or other personal or proprietary rights, and that such User Content
+shall not contain libelous, defamatory, obscene or otherwise unlawful or
+inappropriate material. You agree not to post any User Content without any
+permission or consent that may be required in order for you to do so.
+
+For the purposes of these Terms, "Intellectual Property Rights" means all patent
+rights, copyright rights, mask work rights, moral rights, rights of publicity,
+trademark, trade dress and service mark rights, goodwill, trade secret rights
+and other intellectual property rights as may now exist or hereafter come into
+existence, and all applications therefore and registrations, renewals and
+extensions thereof, under the laws of any state, country, territory or other
+jurisdiction.
+
+If you register for an account with us, we will display certain portions of your
+User Content to other Users, including without limitation your user name and
+your posts. You acknowledge and agree that we have no obligation to display any
+particular item of User Content and may filter the display of User Content in
+our sole discretion for no reason or for any reason.
+
+GENIUS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT
+THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS OR SENDS OVER THE SERVICE. YOU
+SHALL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF
+POSTING OR PUBLISHING IT, AND YOU AGREE THAT WE ARE ONLY ACTING AS A PASSIVE
+CONDUIT FOR YOUR ONLINE DISTRIBUTION AND PUBLICATION OF YOUR USER CONTENT. YOU
+UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE,
+OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR
+PURPOSE, AND YOU AGREE THAT GENIUS SHALL NOT BE LIABLE FOR ANY DAMAGES YOU
+ALLEGE TO INCUR AS A RESULT OF ANY USER CONTENT.
+
+License to User Content: When you post User Content to the Service or otherwise
+submit it to us, you hereby grant, and you represent and warrant that you have
+the right to grant, to Genius an irrevocable, perpetual, non-exclusive,
+transferable, fully paid, worldwide license (with the right to sublicense
+through multiple tiers) to use, reproduce, publicly perform, publicly display,
+modify, translate, excerpt (in whole or in part), create derivative works of,
+distribute and otherwise fully exploit all Intellectual Property Rights in and
+to such User Content for purposes of providing, operating and promoting the
+Service or otherwise conducting the business of Genius. Subject to the rights
+granted to us in these Terms, you retain full ownership of your User Content;
+provided, however, that Genius owns all right and title in and to the collective
+content of the Service, including without limitation to the extent your User
+Content forms a part of any work of authorship presented or displayed on the
+Service.
+
+User Conduct: The following are examples of the kind of content and/or use that
+is illegal or prohibited by Genius. Genius reserves the right to investigate and
+take appropriate legal action against anyone who, in Genius' sole discretion,
+violates this provision, including without limitation, removing the offending
+content from the Service, suspending or terminating the account of such Users
+and reporting you to the law enforcement authorities. You agree to not use the
+Service to engage in any prohibited, illegal, or harmful activity, including
+without limitation:
+
+ posting, emailing or otherwise transmitting any content, information,
+ software, or material, including without limitation, User Content, that:
+ (i) is unlawful, harmful, threatening, abusive, harassing, tortious,
+ excessively violent, defamatory, vulgar, obscene, pornographic, libelous,
+ invasive of another‘s privacy, hateful racially, ethnically or otherwise
+ objectionable; (ii) you do not have a right to transmit under any law or
+ under contractual or fiduciary relationships; (iii) poses or creates a
+ privacy or security risk to any person; (iv) infringes any Intellectual
+ Property Rights or other proprietary rights of any party (including, without
+ limitation, any third party); (v) constitutes unsolicited or unauthorized
+ advertising, promotional materials, commercial activities and/or sales,
+ "junk mail," "spam," "chain letters," "pyramid schemes," "contests,"
+ "sweepstakes," or any other form of solicitation; (vi) contains software
+ viruses or any other computer code, files or programs designed to interrupt,
+ destroy or limit the functionality of any computer software or hardware or
+ telecommunications equipment; or (vii) in the sole judgment of Genius, is
+ objectionable or which restricts or inhibits any other person from using or
+ enjoying the Service, or which may expose Genius or its Users to any harm
+ liability of any type;
+ impersonating any person or entity, or falsely stating or otherwise
+ misrepresenting your affiliation with a person or entity;
+ soliciting personal information from anyone under the age of 18;
+ harvesting or collecting, through use of automated scripts or otherwise,
+ the contents of the Service or email addresses, contact information or other
+ private information of other Users from the Service for any purpose,
+ including without limitation for the purposes of sending unsolicited emails
+ or other unsolicited communications to Users or reproducing the content of
+ the Service;
+ advertising or offer to sell or buy any goods or services for any business
+ purpose that is not specifically authorized;
+ interfering with or disrupting the Service or servers or networks connected
+ to the Service, or disobeying any requirements, procedures, policies or
+ regulations of networks connected to the Service; or
+ violating any applicable local, state, national or international law, or any
+ regulations having the force of law;
+ furthering or promoting any criminal activity or enterprise or provide
+ instructional information about illegal activities; or
+ obtaining or attempting to access or otherwise obtain any materials or
+ information through any means not intentionally made available or provided
+ through the Service.
+
+Fees: You acknowledge that Genius reserves the right to charge for any portion
+of the Service and to change its fees (if any) from time to time in its
+discretion. In addition, third parties that utilize the Service (e.g., artists
+performing via live.genius.com) may charge for certain services, goods,
+activities or benefits provided by them via the Service. You agree to pay all
+fees when due in accordance with the terms set forth on the Service or otherwise
+made available to you by Genius.
+
+Special Notice for International Use; Export Controls: Software available in
+connection with the Service, if any, and the transmission of applicable data,
+if any, is subject to United States export controls. No software may be
+downloaded from the Service or otherwise exported or re-exported in violation
+of U.S. export laws. Downloading or using any available software is at your sole
+risk. Recognizing the global nature of the Internet, you agree to comply with
+all local rules and laws regarding your use of the Service and any software,
+including as it concerns online conduct and acceptable content.
+
+U.S. Government-restricted Rights: If the Service (or any portion thereof) is
+licensed to the United States government or any agency thereof, then the Service
+will be deemed to be "commercial computer software" and "commercial computer
+software documentation," respectively, pursuant to DFARS Section 227.7202 and
+FAR Section 12.212, as applicable. Any use, reproduction, release, performance,
+display or disclosure of the Service and any accompanying documentation by the
+U.S. Government will be governed solely by these Terms and is prohibited except
+to the extent expressly permitted by these Terms.
+
+Commercial Use: Unless otherwise expressly authorized herein or by Genius'
+express written consent, you agree not to display, distribute, license, perform,
+publish, reproduce, duplicate, copy, create derivative works from, modify, sell,
+resell, exploit, transfer or transmit for any commercial purposes, any portion
+of the Service, use of the Service, or access to the Service. The Service is for
+your personal use and may not be used for direct commercial endeavors without
+the express written consent of Genius.
+
+Intellectual Property Rights
+
+Genius Content: Except for your User Content, the Service and all materials
+therein or transferred thereby, including, without limitation, software, images,
+text, graphics, illustrations, logos, patents, trademarks, service marks,
+copyrights, photographs, audio, videos, music, and User Content belonging to
+other Users (the "Genius Content"), and all Intellectual Property Rights related
+thereto, are the exclusive property of Genius and its licensors (including other
+Users who post User Content to the Service). Except as explicitly provided
+herein, nothing in these Terms shall be deemed to create a license in or under
+any such Intellectual Property Rights, and you agree not to sell, license,
+rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly
+perform, publish, adapt, edit or create derivative works from any Genius
+Content. Use of the Genius Content for any purpose not expressly permitted by
+these Terms is strictly prohibited.
+
+Except as expressly authorized by Genius in writing, you agree not to modify,
+copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative
+works based on the Service or the Genius Content, in whole or in part, except
+that the foregoing does not apply to your own User Content (as defined above)
+that you legally upload to the Service. In connection with your use of the
+Service you shall not engage in or use any data mining, robots, scraping or
+similar data gathering or extraction methods. Any use of the Service or the
+Genius Content other than as specifically authorized herein is strictly
+prohibited. As between you and Genius, the technology and software underlying
+the Service or distributed in connection therewith is the exclusive property of
+Genius, our affiliates and our partners (the "Software"). You agree not to copy,
+modify, create a derivative work of, reverse engineer, reverse assemble or
+otherwise attempt to discover any source code, sell, assign, sublicense, or
+otherwise transfer any right in the Software. Any rights not expressly granted
+herein are reserved by Genius.
+
+Trademarks: "Genius" and other Genius graphics, logos, designs, page headers,
+button icons, scripts and service names (whether or not they appear at any given
+time on the Service) are the trademarks, trade names or trade dress of Genius in
+the U.S. and other countries. You may not use Genius' trademarks and trade
+dress, including as part of trademarks and/or as part of domain names, in
+connection with any product, program, display or service in any manner that is
+likely to cause confusion or create the impression that Genius endorses any
+product or service. You may not reproduce or use Genius' trademarks or trade
+dress without the prior written permission of Genius.
+
+Product and service names and logos used and displayed via the Service, other
+than the trademarks of Genius described above, may be trademarks or service
+marks of their respective owners who may or may not endorse or be affiliated
+with or connected to Genius. Nothing in these Terms or on the Service should be
+construed as granting, by implication, estoppel, or otherwise, any license or
+right to use any of trademarks displayed on the Service without our prior
+written permission in each instance. All goodwill generated from the use of
+Genius trademarks will inure to our exclusive benefit.
+
+Third Party Material: Under no circumstances will Genius be liable in any way
+for any content posted by third parties (including third parties utilizing
+live.genius.com to present performances or other activities) or at the direction
+of Users, including, but not limited to, for any errors or omissions in any
+content, or for any loss or damage of any kind incurred as a result of the use
+of any User Content posted, emailed or otherwise transmitted via the Service.
+You acknowledge that Genius does not pre-screen any User Content or content
+provided by any third-party, but that Genius and its designees shall have the
+right (but not the obligation) in their sole discretion to refuse or remove any
+User Content or third-party content that is available via the Service. Without
+limiting the foregoing, Genius and its designees shall have the right to remove
+any User Content or third-party content that violates these Terms or is deemed
+by Genius, in its sole discretion, to be otherwise objectionable. You agree
+that you must evaluate, and bear all risks associated with, the use of any
+content found on the Service, including any reliance on the accuracy,
+completeness, or usefulness of such content.
+
+Downtime: The Service may be temporarily unavailable from time to time for
+maintenance or other reasons. Genius shall have no responsibility for any
+interruption, delay in operation or transmission, theft or destruction of,
+unauthorized access to, or alteration of, User communications, User Content, or
+any other content made available via the Service. Under no circumstances will
+Genius be responsible for any personal injury or death resulting from the use
+of the Service, any User Content or third party content, or any use of products
+or services provided by Users.
+
+Submissions: In addition to the license grant to User Content set forth above,
+you acknowledge and agree that any questions, comments, suggestions, ideas,
+feedback or other information relating to the Service ("Submissions"), provided
+by you to Genius are non-confidential and Genius shall be entitled to the
+unrestricted use and dissemination of these Submissions for any purpose,
+commercial or otherwise, without acknowledgment or compensation to you.
+
+You acknowledge and agree that Genius may preserve and store User Content and
+other content for any period of time and may also disclose User Content and
+other information if required to do so by law or in the good faith belief that
+such preservation or disclosure is reasonably necessary to: (a) comply with
+legal process, applicable laws or government requests; (b) enforce these Terms;
+(c) respond to claims that any content (including your User Content) violates
+the rights of third parties; or (d) protect the rights, property, or personal
+safety of Genius, its users and the public. You understand that the technical
+processing and transmission of the Service, including your User Content, may
+involve (a) transmissions over various networks; and (b) changes to conform and
+adapt to technical requirements of connecting networks or devices.
+
+Copyright Complaints: Genius respects the intellectual property of others, and
+we ask our Users to do the same. If you believe that your work has been copied
+in a way that constitutes copyright infringement, or that your intellectual
+property rights have been otherwise violated, you should notify Genius of your
+infringement claim in accordance with the procedure below.
+
+As set forth in our Copyright Policy, Genius will process and investigate
+notices of alleged infringement and will take appropriate actions under the
+Digital Millennium Copyright Act ("DMCA") and other applicable intellectual
+property laws with respect to any alleged or actual infringement.
+A notification of claimed copyright infringement should be emailed to Genius'
+DMCA Agent at dmca@genius.com (Subject line: "DMCA Takedown Request"). You may
+also contact us by mail at:
+
+Genius
+92 Third Street
+Brooklyn NY 11231
+
+To be effective, the notification must be in writing and contain the following
+information:
+
+ an electronic or physical signature of the person authorized to act on
+ behalf of the owner of the copyright or other intellectual property interest;
+ a description of the copyrighted work or other intellectual property that
+ you claim has been infringed;
+ a description of where the material that you claim is infringing is located
+ on the site or Service, with enough detail that we may find it on the
+ Service;
+ your address, telephone number, and email address;
+ a statement by you that you have a good faith belief that the disputed use
+ is not authorized by the copyright or intellectual property owner, its
+ agent, or the law;
+ a statement by you, made under penalty of perjury, that the above
+ information in your notice is accurate and that you are the copyright or
+ intellectual property owner or authorized to act on the copyright or
+ intellectual property owner‘s behalf.
+
+Counter-Notice: If you believe that your User Content that was removed (or to
+which access was disabled) is not infringing, or that you have the authorization
+from the copyright owner, the copyright owner's agent, or pursuant to the law,
+to post and use the content in your User Content, you may send a written
+counter-notice containing the following information to the Copyright Agent:
+
+ your physical or electronic signature;
+ identification of the content that has been removed or to which access has
+ been disabled and the location at which the content appeared before it was
+ removed or disabled;
+ a statement that you have a good faith belief that the content was removed
+ or disabled as a result of mistake or a misidentification of the content;
+ and
+ your name, address, telephone number, and e-mail address, a statement that
+ you consent to the jurisdiction of the federal court located within the
+ judicial district in which the address is located, or if your address is
+ outside of the United States, for any judicial district in which Genius may
+ be found, and that you will accept service of process from the person who
+ provided the original complaint or an agent of such person.
+
+If a counter-notice is received by the Copyright Agent, Genius will send a copy
+of the counter-notice to the original complaining party. Unless the copyright
+owner files an action seeking a court order against the content provider, member
+or User, the removed content may be replaced, or access to it restored, in 10 to
+14 business days or more after receipt of the counter-notice, at our sole
+discretion.
+
+Repeat Infringer Policy: In accordance with the DMCA and other applicable law,
+Genius has adopted a policy of terminating, in appropriate circumstances and at
+Genius's sole discretion, Users who are deemed to be repeat infringers. Genius
+may also at its sole discretion limit access to the Service and/or terminate the
+memberships of any Users who infringe any intellectual property rights of
+others, whether or not there is any repeat infringement.
+
+Third Party Websites and Content
+
+The Service contains (or you may encounter through your use of the Service)
+links to other web sites operated by third parties ("Third Party Sites") as well
+as articles, photographs, text, graphics, pictures, designs, sound, video,
+information, and other content or items belonging to or originating from third
+parties (the "Third Party Content"). Such Third Party Sites and Third Party
+Content are not investigated, monitored or checked for accuracy, appropriateness,
+or completeness by us, and we are not responsible for any Third Party Sites
+accessed through the Service or any Third Party Content posted on, available
+through the Service, including the content, accuracy, offensiveness, opinions,
+reliability, privacy practices or other policies of or contained in the Third
+Party Sites or the Third Party Content. Inclusion of, linking to or permitting
+the use of any Third Party Site or any Third Party Content does not imply
+approval or endorsement thereof by Genius. If you decide to leave the Service
+and access the Third Party Sites or to access or use any Third Party Content,
+you do so at your own risk and you should be aware that our terms and policies
+(including our privacy policy) no longer govern your use of such Third Party
+Sites. You should review the applicable terms and policies, including privacy
+and data gathering practices, of any site to which you navigate from the Service
+or relating to any applications you use or install from that site.
+
+Genius is not responsible for cookies, web beacons, clear gifs, or other code
+you or any third parties place on your computer or device in any way, including
+any association of Service content with such code. For example, if you access a
+Third Party Site through a link on the Service, your browser or other cookies
+on your computer may cause a referrer header to be sent to that site indicating
+some of your browsing history or the URL from which your visit originated.
+Genius shall have no liability to you in connection with any such transmission,
+whether or not that transmission contains information associated with or
+originating from Genius.
+
+Third Party Services
+
+From time to time, you may enable various online services to be directly
+integrated into your Genius experience. By directly integrating these services
+into the Genius functionality, we may make your online experiences richer, and
+more personalized. To take advantage of these features, we may ask you to
+register for or log into the services on the Services of their respective
+providers. If you enable third party services within the Genius functionality,
+you are allowing us to pass your log-in information to these service providers
+for this purpose. For more information about the implications of activating
+these third party services and Genius's use, storage and disclosure of
+information related to you and your use of such services within Genius
+(including your friend lists and the like), please see our Privacy Policy
+at https://genius.com/static/privacy_policy. However, please remember that
+the manner in which third party services use, store and disclose your
+information is governed solely by the policies of such third parties, and Genius
+shall have no liability or responsibility for the privacy practices or other
+actions of any third party site or service that may be enabled within your
+Genius Service.
+
+By posting or viewing YouTube content on the Service, you agree to be bound by
+the YouTube Terms of Service.
+
+In addition, Genius is not responsible for the accuracy, availability or
+reliability of any information, content, goods, data, opinions, advice or
+statements made available in connection with third party services. As such,
+Genius is not liable for any damage or loss caused or alleged to be caused by
+or in connection with use of or reliance on any such third party service.
+Genius may enable these features merely as a convenience and the inclusion of
+such features does not imply an endorsement or recommendation.
+
+Indemnity and Release
+
+You agree to defend, indemnify and hold harmless Genius and its subsidiaries,
+agents, licensors, managers, and other affiliated companies, and their
+employees, contractors, agents, officers and directors, from and against any and
+all claims, damages, obligations, losses, liabilities, injury (including death),
+costs or debt, and expenses (including but not limited to attorney's fees)
+arising from or relating to: (i) your use of and access to the Service,
+including any data or content transmitted or received by you; (ii) your
+violation of any term or condition of these Terms, including without limitation
+your breach of any of the representations and warranties above; (iii) your
+violation of any third-party right, including without limitation any right of
+privacy or Intellectual Property Rights; (iv) your violation of any applicable
+law, rule or regulation; (v) your User Content or any that is submitted via
+your account; or (vi) any other party's access and use of the Service with your
+unique username, password or other appropriate security code. For the avoidance
+of doubt, your indemnity obligations include, without limitation, claims
+against Genius that any of your User Content infringes a third party's
+Intellectual Property Rights.
+
+Disclaimer of Warranties
+
+YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
+"AS IS" AND "AS AVAILABLE" BASIS. GENIUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF
+ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO
+THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
+TITLE, AND NON-INFRINGEMENT.
+
+GENIUS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II)
+THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE
+RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
+RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
+MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
+EXPECTATIONS.
+
+GENIUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
+PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GENIUS
+SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND GENIUS WILL NOT BE A PARTY TO
+OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
+PRODUCTS OR SERVICES.
+
+FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW
+EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE
+LIMITATIONS MAY NOT APPLY TO YOU.
+
+Limitation of Liability
+
+YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GENIUS SHALL NOT BE LIABLE FOR ANY
+INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES
+FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL,
+USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GENIUS HAS BEEN ADVISED OF THE
+POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
+STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO
+USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
+RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
+MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
+(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA BY
+ANY PARTY; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
+(V) YOUR USER CONTENT; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO
+EVENT SHALL GENIUS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES
+OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GENIUS IN THE LAST SIX (6) MONTHS,
+OR, IF GREATER, FIFTY DOLLARS ($50).
+
+SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
+INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET
+FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
+THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS
+TO DISCONTINUE USE OF THE SERVICE.
+
+The Service is controlled and operated from facilities in the United States.
+Genius makes no representations that the Service is appropriate or available
+for use in other locations. Those who access or use the Service from other
+jurisdictions do so at their own volition and are entirely responsible for
+compliance with all applicable United States and local laws and regulations,
+including but not limited to export and import regulations. You may not use the
+Service if you are a resident of a country embargoed by the United States, or
+are a foreign person or entity blocked or denied by the United States
+government. Unless otherwise explicitly stated, all materials found on the
+Service are solely directed to individuals, companies, or other entities
+located in the United States.
+
+Governing Law, Arbitration, and Class Action/Jury Trial Waiver.
+
+Governing Law: You agree that: (i) the Service shall be deemed solely based in
+New York; and (ii) the Service shall be deemed a passive one that does not give
+rise to personal jurisdiction over us, either specific or general, in
+jurisdictions other than New York. These Terms will be governed by the internal
+substantive laws of the State of New York, without respect to its conflict of
+laws principles. The parties acknowledge that these Terms evidence a transaction
+involving interstate commerce. Notwithstanding the preceding sentences with
+respect to the substantive law, any arbitration conducted pursuant to these
+Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The
+application of the United Nations Convention on Contracts for the International
+Sale of Goods is expressly excluded. You agree to submit to the personal
+jurisdiction of the federal and state courts located in New York, New York for
+any actions for which Genius retains the right to seek injunctive or other
+equitable relief in a court of competent jurisdiction to prevent the actual or
+threatened infringement, misappropriation or violation of its copyrights,
+trademarks, trade secrets, patents, or other intellectual property or
+proprietary rights, as set forth in the Arbitration provision below, including
+any provisional relief required to prevent irreparable harm. You agree that
+New York, New York is the proper forum for any appeals of an arbitration award
+or for trial court proceedings in the event that the arbitration provision below
+is found to be unenforceable.
+
+Arbitration: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO
+ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF
+FROM GENIUS. For any dispute with Genius, you agree to first contact us
+at terms@genius.com and attempt to resolve the dispute with us informally. In
+the unlikely event that Genius has not been able to resolve a dispute it has
+with you after sixty (60) days, we each agree to resolve any claim, dispute,
+or controversy (excluding any claims for injunctive or other equitable relief
+as provided below) arising out of or in connection with or relating to these
+Terms, or the breach or alleged breach thereof (collectively, "Claims"), by
+binding arbitration by JAMS, Inc. ("JAMS"), under the Optional Expedited
+Arbitration Procedures then in effect for JAMS, except as provided herein.
+JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted
+in New York, New York, unless you and Genius agree otherwise. If you are using
+the Service for commercial purposes, each party will be responsible for paying
+any JAMS filing, administrative and arbitrator fees in accordance with JAMS
+rules, and the award rendered by the arbitrator shall include costs of
+arbitration, reasonable attorneys' fees and reasonable costs for expert and
+other witnesses. If you are using the Service for non-commercial purposes:
+(i) JAMS may require you to pay a fee for the initiation of your case, unless
+you apply for and successfully obtain a fee waiver from JAMS; (ii) the award
+rendered by the arbitrator may include your costs of arbitration, your
+reasonable attorney's fees and your reasonable costs for expert and other
+witnesses; and (iii) you may sue in a small claims court of competent
+jurisdiction without first engaging in arbitration, but this does not absolve
+you of your commitment to engage in the informal dispute resolution process.
+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
+Genius from seeking injunctive or other equitable relief from the courts as
+necessary to protect any of Genius's proprietary interests.
+
+Class Action/Jury Trial Waiver: WITH RESPECT TO ALL PERSONS AND ENTITIES,
+REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL,
+COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES'
+INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
+CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER
+REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND,
+UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
+PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GENIUS
+ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS
+ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER
+REPRESENTATIVE PROCEEDING OF ANY KIND.
+
+Termination
+
+In addition to the termination rights set forth elsewhere herein, you agree
+that Genius, in its sole discretion, may suspend or terminate your account
+(or any part thereof) or use of the Service and remove and discard any content
+(including without limitation your User Content) within the Service, for any
+reason, including, without limitation, for lack of use or if Genius believes
+that you have violated or acted inconsistently with the letter or spirit of
+these Terms. Any suspected fraudulent, abusive or illegal activity that may be
+grounds for termination of your use of Service may be referred to appropriate
+law enforcement authorities. Genius may also in its sole discretion and at any
+time discontinue providing the Service, or any part thereof, with or without
+notice. You agree that any termination of your access to the Service under any
+provision of these Terms may be effected without prior notice, and acknowledge
+and agree that Genius may immediately deactivate or delete your account and all
+related information and files in your account and/or bar any further access to
+such files or the Service. Further, you agree that Genius shall not be liable
+to you or any third-party for any termination of your access to the Service.
+
+User Disputes
+
+You agree that you are solely responsible for your interactions with any other
+User in connection with the Service and Genius will have no liability or
+responsibility with respect thereto. Genius reserves the right, but has no
+obligation, to become involved in any way with disputes between you and any
+other User of the Service or to elect to display only certain of the User
+content submitted in connection with a particular Genius subdomain.
+
+Assignment
+
+These Terms, and any rights and licenses granted hereunder, may not be
+transferred or assigned by you, but may be assigned by Genius without
+restriction. Any attempted transfer or assignment in violation hereof shall
+be null and void.
+
+General
+
+These Terms constitute the entire agreement between you and Genius and govern
+your use of the Service, superseding any prior agreements between you and Genius
+with respect to the Service. You also may be subject to additional terms and
+conditions that may apply when you use certain features of the Service,
+affiliate or third-party services, third-party content or third-party software.
+The failure of Genius to exercise or enforce any right or provision of these
+Terms shall not constitute a waiver of such right or provision. If any provision
+of these Terms is found by a court of competent jurisdiction to be invalid, the
+parties nevertheless agree that the court should endeavor to give effect to the
+parties' intentions as reflected in the provision, and the other provisions of
+these Terms remain in full force and effect. You agree that regardless of any
+statute or law to the contrary, any claim or cause of action arising out of or
+related to use of the Service or these Terms must be filed within one (1) year
+after such claim or cause of action arose or be forever barred, unless required
+otherwise by applicable law. A printed version of these Terms and of any notice
+given in electronic form shall be admissible in judicial or administrative
+proceedings based upon or relating to this agreement to the same extent and
+subject to the same conditions as other business documents and records
+originally generated and maintained in printed form. The section titles in
+these Terms are for convenience only and have no legal or contractual effect.
+Notices to you may be made via either email or regular mail. The Service may
+also provide notices to you of changes to these Terms or other matters by
+displaying notices or links to notices generally on the Service.
+
+Notice for California Users
+
+Under California Civil Code Section 1789.3, Users of the Service from California
+are entitled to the following specific consumer rights notice:
+
+ The provider of the Service and associated services is Genius Media Group,
+ Inc, located at 92 Third Street, Brooklyn, NY 11231.
+ As of the date of these terms, no direct charges are imposed upon the
+ consumer by the Service.
+ If you have a complaint with the services provided on the Service or wish
+ to request further information, please contact us at the physical address
+ above with a description of your request. We cannot guarantee a response
+ in any particular time period. If you remain unsatisfied, contact The
+ Complaint Assistance Unit of the Division of Consumer Services of the
+ California Department of Consumer Affairs may be contacted in writing at
+ 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone
+ at (916) 445-1254 or (800) 952-5210.
+
+Contact
+
+Please contact us terms@genius.com with any questions regarding these Terms.