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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.