TERMS OF SERVICE
Thank you for visiting gen.video. These Terms of Service set forth the terms and conditions that apply to your access and use of http://gen.video (the “Site”).
1. TERMS OF SERVICE AGREEMENT
2. GENERAL PURPOSE
The Site and its related services are intended only for use by those who have reached the age of majority in the jurisdiction in which they reside. If you have not reached the age of majority in the jurisdiction in which you reside, you cannot use this Site without the accompaniment and supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this Site by children, minors and others under your care, and you agree to be responsible for their use of this Site. Any use of this Site by persons who have not reached the age of majority in the jurisdiction in which they reside and without parental consent can result in immediate termination of your use of this Site and/or any affiliated services.
4. SITE LICENSE
We grant you a limited, nonexclusive and revocable license to make personal use of the Site. You may view, copy, download or print materials from this Site for your own personal and non-commercial use. In this context, “personal use” does not include posting, uploading or otherwise publishing the materials to any other site. This license does not include any rights not specifically enumerated herein. You agree to use this Site only for lawful purposes and in accordance with the terms and conditions contained herein.
Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the Site or any of the content on the Site, including but not limited to the trademarks and copyrights of gen.video and its affiliates, or to make derivative use of the Site or its contents; (b) to make commercial use of the Site or any of its contents; (c) to collect and use videos, descriptions or images; (d) to download or copy any account information that is not your own for your own use or for the benefit of another party; (e) to bypass any technical measures used to prevent or restrict access to any portion of the Site; (f) to reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the contents of this Site not intended to be so read, including but not limited to using or directly viewing the underlying code for the Site except as interpreted and displayed in a web browser; (g) to use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; (h) to violate or attempt to violate the security of the Site, (i) to interfere with or attempt to interfere with the proper working of the Site; (j) to alter or modify, or attempt to modify, any part of the Site; or (k) to attempt to gain unauthorized access to any portion of the Site, including other talent dashboards, or any systems or networks connected to the Site through hacking, cracking, mining, phishing or any other means.
6. CHANGES TO THE TERMS OF SERVICE
We reserve the right, in our sole discretion, to change, add or remove any portion of this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the Site. We may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. Your use of the Site and any related services following posting of any changes to this Agreement constitutes your unconditional acceptance to be bound by the chanted terms. You must cease using the Site if you do not agree to be bound by the revised terms and conditions.
7. RIGHT TO MONITOR
You acknowledge that your use of this Site is at our sole discretion, and your license to use the site may be terminated by us at any time, for any reason or for no reason without liability to us. You agree not to use the Site for any purpose that is unlawful or prohibited by the Agreement or to solicit the performance of any illegal activity, to stalk or harass other users of the Site, or to engage in any other activity which infringes the rights of gen.video or any third parties. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this Site, to terminate any user’s account, and to alter or delete any material submitted to the Site through the user’s account. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable. We further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Terms of Service, our policies or applicable law. We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, features or hours of availability without notice to you.
8. YOUR ACCOUNT
Before you can make use of certain services associated with this Site, you must register with the Site and create a user account using an email address. You agree and warrant that all information you provide to us through this Site, including but not limited to any contact information, registration information and payment information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your account information, including but not limited to any changes to your email address. You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge. By creating an account with the Site, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your account or administrative notices regarding the Site, as permitted under the CAN-SPAM Act (15 U.S.C. § 7701 et seq.). You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading or transferring emails associated with such account).
9. INTELLECTUAL PROPERTY
This Site’s trade dress is owned by gen.video. All trademarks not owned by gen.video are the property of their respective owners, and, where used by gen.video, are used with permission. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. gen.video’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with gen.video’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on this Site.
Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
10. THIRD-PARTY SITES, PRODUCTS AND SERVICES
Please keep in mind that some of the content that we make available to you through this application comes from third party services. gen.video does not warrant that product descriptions or other content of this Site, regardless of its source, is accurate, complete, reliable, current, or error-free. All such content is provided to you “as is.” This content and your use of it are subject to change and/or removal at any time.
The Site may provide links to other web sites. Any links to third parties do not imply any endorsement of such websites, or the content, products, or services available from such websites. gen.video has not reviewed the third-party content that may be linked from the Site and is not responsible for such content. gen.video does not assume any responsibility or liability for the actions, product, and content of any other third party. You agree that gen.video will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with these third parties. You should carefully review the privacy statements and other conditions of use for all third party web sites.
11. ASSUMPTION OF RISK
User assumes any and all risk of damage, injury, or death from the use of the Site. You have been warned of the limitations and risks in the use of the information on the Site, and choose of your own free will to continue to access or use the Site.
12. DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. GEN.VIDEO DOES NOT WARRANT THAT (A) THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, (B) THAT DEFECTS WILL BE CORRECTED; OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL THAT YOU WERE EXPOSED TO THROUGH GEN.VIDEO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. GEN.VIDEO DOES NOT WARRANT OR GUARANTEE THAT ITS SERVICES WILL PROVIDE ANY DESIRED RESULT, THAT ITS SITE, SERVERS OR EMAILS SENT BY OR ON BEHALF OF GEN.VIDEO ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, GEN.VIDEO DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND GEN.VIDEO OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL GEN.VIDEO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF GEN.VIDEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF GEN.VIDEO TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED FIVE DOLLARS ($5.00) IN THE AGGREGATE.
You agree to defend, indemnify and hold gen.video and its officers, directors, employees, agents, licensees, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) incurred or suffered by them in connection with any claim arising out of or related to (i) your use of the Site, (ii) your breach or violation of any of these Terms of Service, or (iii) your dispute with another user. gen.video reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of gen.video.
You agree that gen.video, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any content you may have contributed to the Site, at any time for any reason or no reason. gen.video may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that gen.video 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 of the Site. Further, you agree that gen.video shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms or conditions or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.
16. CHOICE OF LAW; FORUM
This Agreement shall be governed by and in accordance with the laws of the State of New York, without regard to conflicts of law provisions. Any controversy involving gen.video arising from or in any way related to the Terms of Service or your use of the Site shall be heard in the appropriate State or Federal court in New York County, New York and you irrevocably consent to the jurisdiction of such courts. You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against gen.video with respect to this Agreement or the Site, your sole and exclusive remedy is to discontinue sing the Site and any services offered in connection with the Site.
Except as explicitly stated otherwise, any notices shall be given by email to gen.video at firstname.lastname@example.org or to you at the email address you provide to gen.video. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
18. GENERAL PROVISIONS
gen.video makes no representations that the content and materials on the Site are appropriate, available or legal in any location outside of the United States. Those who choose to access the Site from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms of Service is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of the Terms of Service, and the remainder of the Terms of Service shall continue in full force and effect. The failure by either you or gen.video to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms of Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. This agreement comprises the entire agreement between you and gen.video and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms of Service regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms of Service. Any rights not expressly granted herein are reserved.
Expo Communications, Inc.
15 West 18th Street, 10th Floor
New York, NY 10011