This website and the service provided to you on and via this website are provided on an “AS IS” basis. You agree that we have the right to modify or discontinue the provision of this website and its services and to remove the data you provide, either temporarily or permanently, at any time, without notice and any liability towards you. We will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy, or improper delivery of information.
You agree that this website may expose you to content that may be objectionable or offensive. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“Content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content. We are not responsible to you for content displayed on this website, nor for any error or omission.
By using this website or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this website or any service provided; infected with a virus or other destructive or harmful programming routine; giving rise to civil or criminal liability; or in violation of any applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this website to provide, any content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this website to promote or operate any service or content without our prior written consent;
(e) you will not provide any content that may give rise to our being held civilly or criminally liable or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.
Submission of content on this website
By providing any content to this website:
(a) you grant us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and create derivative works and compilations, in whole or in part. To use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. Such license will apply concerning any form, media, or technology already known at provision or development. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address, or screen name as we deem appropriate. You understand that the technical processing and transmission of the website, including content submitted by you, may involve transmissions over various networks and changes to the content to conform and adapt it to the technical requirements of connecting networks or devices. You will not receive any compensation of any kind for using any materials submitted by you.
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us the license specified in this Section 4;
(c) you acknowledge and agree that we have the right (but not obligation), at our sole discretion, to refuse to publish, remove, or block access to any content you provide, at any time and for any reason, with or without notice.
Third parties’ goods and services may be advertised and made available on or through this website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. We will not, in any manner, be liable or responsible for any of your dealings or interaction with third parties.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED, EITHER IMPLICITLY OR EXPRESSLY, THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THE SERVICE SHALL BE USED SOLELY AT YOUR OWN RISK, AND THAT WE SHALL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you regarding implied warranties; the other terms and conditions remain enforceable notwithstanding.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
Reservation of rights
We reserve all of our rights, including but not limited to any copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have regarding this website, its content, and goods and services that may be provided. If you wish to use any of our property or content, you must first obtain written consent. We are not providing you with any implied or express licenses or rights by making services available to you. You will have no rights to make any commercial use of this website or provided services without our prior written consent.
Notification of copyright infringement
Suppose you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights. In that case, you may contact our copyright agent through our Contact Page to file a notice.
At our sole discretion, we may modify or discontinue this website or service or may modify, suspend or terminate your access to the website or service, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the website or service, we reserve the right to take appropriate legal action, including pursuing civil, criminal, or injunctive redress without limitation. Even after your right to use the website or service is terminated, this Agreement will remain enforceable against you.
This website and the service are controlled and offered by Genco Media, LLC from its location in the United States of America. Genco Media, LLC makes no representations that the website or service are appropriate or available for use in other locations. Those who access or use the service from other countries do so of their volition and are responsible for compliance with local law.
The communications between you and us use electronic means, whether you visit the website or send us e-mails, or whether we post notices on the website or communicate with you via e-mail. For contractual purposes:
(1) consent to receive communications from us in an electronic form.
(2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that we provide to you electronically will have the same legal effect that such communications or documents would have if they were outlined in “writing.” The preceding sentence does not affect your statutory rights.
This Agreement and your rights and obligations hereunder may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of the preceding will be null and void.
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, government closures, pandemic, or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims
If you have any questions, complaints, or claims concerning the website or service, please contact us through our Contact Page. We will do our best to address your concerns.
(iii) You agree that any claim or cause in respect of this website or the service must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation;