VERSION 1.0, LAST UPDATED: MAY 21TH, 2018
GENIOUS, INC. provides users with access to multiple Services, including but not limited to, Internet Marketing Services, web design & development, search engine optimization services, search engine marketing services, original content development services, organic link building services, social media marketing services, mobile marketing services, email marketing services, influencer marketing services, Software As A service SaaS and social media intelligence software. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider). In addition, you must provide and are responsible for all equipment necessary to access the Service, including a computer and modem or other access device.
By accessing the Website, you consent to have this Agreement provided to you in electronic form. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program. You have a right to a paper copy of this Agreement. If you would like a paper copy, please contact us by completing the form here. If you request a paper copy of the Agreement, your account will be suspended until you return a signed copy of the paper agreement to GENIOUS, INC.
In using Site, including all software, services, and resources available through it, you agree that:
Site can be accessed from most countries around the world. Site content may contain references to GENIOUS, INC. products, services, documents, promotions, or other resources that are not available in your country. These references do not imply that GENIOUS, INC. intends to make such resources available in your country.
Site is hosted from inside the US and distributed to multiple servers worldwide. GENIOUS, INC. makes no claim or representation that Site, or any resources available through it, are appropriate to or made available for worldwide locations. If Site or any of the resources it makes available are illegal in your locality, DO NOT USE SITE. If you access Site from any location, you are responsible for compliance with all applicable local laws.
In connection with your use of the Site, GENIOUS, INC. and its associated companies will process Your personal data for the following purposes:
You may object to processing of your personal data for the purposes b) to e) at any time.
You may also withdraw your consent to processing of your personal data at any time when the processing is made based on consent. The withdrawal of consent will not affect the lawfulness of processing before the withdrawal.
Weblogs that may be generated during your use of GENIOUS, INC. Website may include information about IP addresses used to access the service, browser, operating environment, Uniform Resource Locators (URLs) used to access the service, or other information. No personal data is kept in logs for more than 30 days.
If you do not wish Cookies to be stored on your device in connection with your use of this Website, you must stop using our Website and disable Cookies via your browser settings for this Website or globally (see below). Please note that disabling Cookies will affect the functionality of our Website, products and services, and may prevent you from being able to access certain features on our Website, products or services. For further information about deleting or blocking Cookies, please visit: http://www.aboutcookies.org/how-to-delete-cookies/.
Persistent cookies: these cookies remain on a user's device for the period of time specified in the cookie. They are activated each time that the user visits the website that created that particular cookie.
Session cookies: these cookies allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Session cookies are created temporarily. Once you close the browser, all session cookies are deleted.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Website to, among other things, track the activities of Website visitors, help us manage content, and compile statistics about Website usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our emails are forwarded.
In relation to whether a cookie is 'first' or 'third' party refers to the domain placing the cookie.
Third-party cookies are cookies that are set by a domain other than that of the website being visited by the user. If a user visits a website and another entity sets a cookie through that website, this would be a third-party cookie.
'Strictly Necessary' Cookies let you move around the Website and use essential features like secure areas. Without these Cookies, we cannot provide the requested services. We use these Strictly Necessary Cookies to:
Accepting these Cookies is a condition of using the Website, so if you prevent these Cookies the Website may not work correctly and we may not be able to provide our services and products to you.
'Performance' Cookies collect information about how you use our Website e.g. which pages you visit, and if you experience any errors. These Cookies do not collect any information that could identify you and are only used to help us improve how our Website works, understand what interests our users and measure the effectiveness of our advertising. We use performance Cookies to:
Some of our performance Cookies are managed for us by third parties. We do not allow the third party to use the Cookies for any purpose other than those listed above.
'Functionality' Cookies are used to provide products or services or to remember settings to improve your visit. We use 'Functionality' Cookies for such purposes as:
Some of these Cookies are managed for us by third parties. We do not allow the third party to use the cookies for any purpose other than those listed above.
'Targeting' Cookies are used to track your visit to our Website and other websites, including the pages you have visited and the links you have followed, which allows third parties to display targeted ads to you on the websites you visit.
We and our third party service providers use Targeting Cookies to:
If you are in the EU, you may opt-out of certain third party Cookies that we and other websites may use for targeting through http://www.youronlinechoices.eu or www.aboutads.info. Opting out of one or more ad networks only means that those particular members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our websites or other third party websites. If your browser is configured to reject Cookies when you visit one of the above referenced opt-out pages, and you later erase your Cookies, use a different computer or change Web browsers, your preference may no longer be active. Since all of these Cookies are managed by third parties, you should refer to the third parties' own website privacy notifications and policies for further information (see below for more information about the particular targeting Cookies used on our Website).
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies' delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Website or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject Cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA's website at www.aboutads.info or the NAI's website at www.networkadvertising.org.
Currently, our systems do not recognize browser "do-not-track" requests. You may, however, disable certain tracking by disabling cookies in your browser. However, by doing so we cannot guarantee the correct behavior of the services we provide to you.
At times GENIOUS, INC.' websites and/or GENIOUS, INC. software products may contain links to other external non-GENIOUS, INC. sites. GENIOUS, INC. is not responsible for the privacy practices or content of such linked websites.
Unless specifically indicated elsewhere on Site, you may view, download, or print Site content subject to the following conditions:
The Service and accompanying documentation that is available for purchase from Site is the copyrighted and/or patented work of GENIOUS, INC. and/or its suppliers. Use of the Service is governed by the terms of the subscription agreement that is included with such purchasable Service. You will not be able to purchase nor use any Service that is accompanied by or includes a subscription agreement unless you agree to the terms of the included subscription agreement. If you do not agree to the terms of the included subscription agreement, you will not be able to use the Service.
The Service is made available to you for your personal use only. Due to the Children’s Online Privacy Protection Act of 1998, you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, if applicable, and are responsible for all activities that occur there under. GENIOUS, INC. reserves the right to refuse service to anyone at any time without notice for any reason.
You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with this Agreement. You agree that you will use the Service in compliance with all applicable local, city, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by GENIOUS, INC. in its sole discretion; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. GENIOUS, INC. reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of this agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
GENIOUS, INC. reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GENIOUS, INC. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
In order to protect the integrity of the Service, GENIOUS, INC. reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.
GENIOUS, INC. owns and retains all proprietary rights in the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of GENIOUS, INC., and its license. Except for that information which is in the public domain or for which you have been given written permission, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, publish, transmit, distribute, perform, display, create derivative works, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes “Software”). You may not post, distribute, reproduce or create derivative works in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. As between You and GENIOUS, INC. You own all right, title and interest in your logos and trademarks, so long as they are not derived from GENIOUS, INC. proprietary information. You agree to and hereby do grant GENIOUS, INC. the limited, nonexclusive right and license to reproduce, distribute, display and use any of your content and intellectual property as necessary to perform its obligations under this Agreement. You also grant GENIOUS, INC, a license to use your name and logo in GENIOUS, INC. marketing materials and customer lists, including on the GENIOUS, INC. website.
The trademarks and logos ("Marks") displayed on Site are the property of GENIOUS, INC. or third parties. You may not use Marks without the prior written consent of GENIOUS, INC. or the third party owner of Marks.
You may use GENIOUS, INC. Marks and logo images ("Logos") under the following conditions:
GENIOUS, INC. reserves the right to determine what constitutes improper or inappropriate use of GENIOUS, INC. Marks and Logos, and you agree to correct improper/inappropriate use of GENIOUS, INC. Marks and Logos, or to cease use of the same upon notification from GENIOUS, INC.
All official communication between GENIOUS, INC. and Customer as well as notices set forth within this agreement shall be by email. Customer shall send all notices and official communication to GENIOUS, INC. at the email address [email protected]. GENIOUS, INC. shall send all notices and official communication to Customer at the email address listed in Customer’s account record. It is solely Customer’s responsibility to ensure that the email address listed with GENIOUS, INC. is accurate and up to date. In the event GENIOUS, INC. sends a notice of cancellation, renewal invoice or any other official notice to an email address that is no longer valid for Customer, such notice shall be deemed delivered per this agreement. Evidence of successful transmission of all notices delivered by email must be retained by the delivering party.
You agree to hold GENIOUS, INC.’s Confidential Information in confidence during the term of this Agreement and for a period of four (7) years after termination of this Agreement. You agree that, unless required by law, you will not make GENIOUS, INC. Confidential Information available in any form to any third party or use GENIOUS, INC. Confidential Information for any purpose other than the implementation of this Agreement. If you are required by law to disclose GENIOUS, INC. Confidential Information, you will provide GENIOUS, INC. with reasonable notice of your intent to comply and provide all reasonable cooperation in assisting GENIOUS, INC. to minimize the disclosure.
“Confidential Information” means any information disclosed by GENIOUS, INC. to you under circumstances that would lead a reasonable person to conclude that the information was confidential. Notwithstanding the above, the following types of information shall be considered Confidential Information, regardless of whether they are marked as such: any software or documentation related to the Services, trade secrets, technical know-how, inventions, educational materials, product development plans, pricing, marketing plans, and customer lists. Confidential Information shall not include information that: (i) is or becomes generally available through no act or omission of yours; (ii) was in your lawful possession prior to the disclosure and had not been obtained by you either directly or indirectly from GENIOUS, INC. or (iii) is lawfully disclosed to you by a third party without restriction on disclosure. In the event that you become aware of an unauthorized use or disclosure of any GENIOUS, INC. Confidential Information, you will promptly inform GENIOUS, INC. and provide reasonable assistance in the investigation or prosecution of any such unauthorized use or disclosure.
GENIOUS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT. GENIOUS, INC., MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE. GENIOUS, INC., DOES NOT MAKE ANY WARRANTY THAT ANY DEFECT IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENIOUS, INC., OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES, INCLUDING THE WEBSITE, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY MATERIAL AND/OR DATA OBTAINED OR DOWNLOADED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY SUCH MATERIAL OR DATA INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
You agree that you must evaluate, and bear all risks associated with, the use of the Service, including any reliance on the accuracy, completeness, or usefulness of the service. In this regard, you acknowledge that you may not rely on any content created by GENIOUS, INC. or submitted to GENIOUS, INC. and all other parts of the Service. Use of the Website and the Services may result in technical malfunction, delay, or other problems with other systems, programs, or computer hardware. GENIOUS, INC. cannot and does not guarantee compatibility with other systems and hardware.
Certain content, products, and services available via the Service may include materials from third parties. In addition, GENIOUS, INC. may provide links to certain third-party websites. You acknowledge and agree that GENIOUS, INC. is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Links to other websites are provided solely as a convenience to you. Because GENIOUS, INC. has no control over such sites and resources, you acknowledge and agree that GENIOUS, INC. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that GENIOUS, INC. is not in any way responsible for any such use by you.
Except in jurisdictions where such provisions are restricted, in no event will GENIOUS, INC. be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GENIOUS, INC. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any content posted on the Website or transmitted to you or other users of the Service; or (vi) any inaccurate or out-of-date content produced by the tools or published on the Website; or (vii) any other matter relating to the Service. Notwithstanding any provision to the contrary, GENIOUS, INC. liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to GENIOUS, INC. in the twelve (12) months prior to the claimed injury or damage.
You agree to indemnify and hold GENIOUS, INC. its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of GENIOUS, INC. or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. Your obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
This Agreement will remain in full force and effect while you use the Services. You may cancel your use of the Service at any time, for any reason by providing notice to GENIOUS, INC. by sending an email to [email protected]. GENIOUS, INC., may, at any time and for any reason, terminate this Agreement, your account or your use of the Services by sending notice to you at the email addressed to your email account or by LIBANPOST or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first calendar day following the date of electronic mailing or on the fourth calendar day following the date of first-class mailing or deposit with a commercial courier service. In the event of termination, your account will be suspended and disabled and you may not be granted access to your account or any files or other content contained in your account. If GENIOUS, INC., terminates your use of this Service because you have breached this Agreement, you will not be entitled to any refund of unused fees that you have paid to GENIOUS, INC.. Sections of this Agreement relating to (1) your account, password and security, (2) disclaimer of warranties and limitation of liability, (3) indemnification, (4) confidentiality and proprietary information, and (5) jurisdiction and choice of law, shall survive such termination, as well as any other provisions, which by their nature may survive such termination.
If there is any dispute arising out of the Service, you expressly agree that any such dispute shall be governed by the laws of Republic Of Lebanon and all claims concerning this Agreement shall be brought exclusively before the courts of Beirut, without regard to its conflict of law’s provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of Beirut in Lebanon for the resolution of any such dispute.