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author | pin <pin@pkgsrc.org> | 2022-06-07 10:25:38 +0000 |
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committer | pin <pin@pkgsrc.org> | 2022-06-07 10:25:38 +0000 |
commit | 71a352724a5b4879a3dc68bb443a5929fee0f8fe (patch) | |
tree | 24d57f26be6c05de1f3f13ea3fb42e2732c76079 | |
parent | 335e471436f1debfbe9f367d2aa712394de215ed (diff) | |
download | pkgsrc-71a352724a5b4879a3dc68bb443a5929fee0f8fe.tar.gz |
Document genius-license
-rw-r--r-- | licenses/genius.com-license | 734 |
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diff --git a/licenses/genius.com-license b/licenses/genius.com-license new file mode 100644 index 00000000000..343940ff583 --- /dev/null +++ b/licenses/genius.com-license @@ -0,0 +1,734 @@ +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. |