Genesis WEBSITE
TERMS AND CONDITIONS OF USE
Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Genesis web site located at http://www.Genesis.com/ (the “Site”). The Site is the property of Genesis, Inc. (“Genesis”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Genesis reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Genesis grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Genesis, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Genesis’s express prior written consent.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Genesis reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Genesis server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Genesis, including any Genesis account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Genesis or others.
Website Ownership
This website is owned and operated by Genesis, Inc. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by Genesis, or its licensors, clients and content providers. All elements of Genesis's website, including, but not limited to, the general design and the Content, are protected by copyright, trademark, trade dress, moral rights and other laws relating to intellectual property rights. "Genesis", the Genesis logo are registerd trademarks of Genesis.
Unauthorized Audio Copying is Prohibited
Except as explicitly permitted under these Terms or a written agreement with Genesis or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means. This website, its Content and all related rights will remain the exclusive property of Genesis or its licensors unless otherwise expressly agreed in writing.
No Unlawful Uses
As a condition of your use of this website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by these Terms. You agree not to use the website in any manner that could damage, disable, overburden or impair the website, or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the website.
Age Restrictions
If you are under eighteen (18) years of age, you must have parental consent before ordering/purchasing any song on this site.
Song Licensing at Genesis
The Genesis website allows you to purchase licenses to specific songs for specific uses. In order to download a Song, you will be required to agree to the usage terms for the Song and to purchase a license that limits the use of the Song to those exact terms. The provisions of the License will control your use of the Song. All Songs and all rights not expressly granted in writing remain the exclusive property of Genesis and its content providers. All purchases are final.
Non-Compete
You may not use any Song to promote a business that sells or licenses Songs, or otherwise competes with Genesis in any manner.
Indemnification
Genesis will pursue all necessary legal action and will seek all available financial compensation and damages (including statutory copyright damages up to $150,000 per item) should Genesis be notified or otherwise discover any infringement or wrongful use of any Song, information, or Content available through this website. You will indemnify Genesis its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Songs, Content and related rights.
Privacy Policy
Genesis fully respects your rights to privacy and utilizes the following practices in regards to any information we are provided or obtain about users of this website. Genesis reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or overnmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at our sole discretion.
Personally Identifiable Information
In order to fulfill licensing transactions or provide service to you as a customer of Genesis, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number. By providing this information to Genesis, you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to Genesis, our subsidiaries, affiliates and any necessary payment processors. Because of the nature of the Internet, such data may pass through any country. We use standard commercial practices for keeping such data confidential, but there is no guarantee that such practices will prevent the disclosure or further distribution of such data beyond Genesis.
Email
If you have provided us your email address, Genesis periodically sends promotional emails to its subscribers about services offered by Genesis and its partners. If you do not wish to receive email information from Genesis or its partners, please let us know by emailing us at: removelist@Genesis.com or by writing us at Genesis.
Cookies
When you visit the Genesis website, we place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie. Cookies enable our website to recognize the information you have consented to give to our website, and help us determine what portions of this website are most appropriate for your personal needs. We DO NOT use cookies to examine your surfing behavior before or after leaving a Genesis website.
Disclaimers
This website and its content are provided "as is" and Genesis excludes to the fullest extent Permitted by applicable law any warranty, express or implied, including, without limitation, any implied Warranties of title, non-infringement, merchantability, satisfactory quality or fitness for a particular Purpose. The functions embodied on, or in the materials of, this website are not warranted to be uninterrupted or Without error. You assume the entire cost of all necessary servicing, repair or correction due to your use Of this website. Genesis makes no warranty as to the accuracy, completeness or reliability of Any content, information, products, services or materials made available on or through this site. You expressly agree that your use of this site is at your sole risk. Genesis neither endorses nor Is responsible for the accuracy, completeness or reliability of any opinion, advice, statement, information Or other content made available on or through this site, nor will it be liable under any circumstances for Any loss or damage caused by your reliance on any content, information, products, services or materials Obtained on or through this site.
Except as specifically stated in these Terms, any Licenses or elsewhere on this website, or as otherwise required by applicable law, neither Genesis nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages. There may be links to other websites from the Genesis website; however, these other websites are not controlled by Genesis and we are not responsible for any content contained on any such website or any loss suffered by you in connection with your use of such websites. You waive any and all claims against Genesis regarding the inclusion of links to outside websites or your use of those websites. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Governing Law and Venue
These Terms will be interpreted, construed and governed by the laws of the state of California, without reference to its laws relating to conflict of laws and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under these Terms will lie exclusively in state or federal courts of located in Los Angeles, California and each party agrees not to contest the personal jurisdiction or venue of these courts. Notwithstanding the foregoing, however, Genesis will have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Genesis, such action is necessary or desirable.
Waiver or Amendment
No action of Genesis, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. Should any clause of these Terms be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right, in our sole discretion, with immediate effectiveness, to change, modify, add, remove or otherwise alter these Terms at any time without notice. It is your responsibility to check these Terms periodically for any changes. Your continued use of our websites or services following the posting of any changes to these Terms constitutes your acceptance of such changes.
