Welcome to genwi.com (“GENWI”), provided and owned by GENWI, Inc. (“GENWI”). By using or accessing GENWI or any of the services provided through or on GENWI (collectively, the “Services”), you agree to be bound by the following Terms of Service (the “Terms”). These Terms constitute a legally binding agreement between you and GENWI. By using GENWI, you understand, acknowledge and agree that you will abide by these Terms. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
GENWI reserves the right to modify these Terms from time to time for any reason in GENWI’s sole discretion without notice. GENWI will post or display notices of material changes on GENWI and/or may email you about these changes. These changes become effective immediately upon posting and if you use GENWI after the changes become effective, it will signify your agreement to be bound by the changes. Please review these Terms from time to time so that you will be apprised of any changes.
1. Intellectual Property Rights.
GENWI and the Services are proprietary to GENWI and is protected by intellectual property laws and international intellectual property treaties. The entire contents of GENWI (the “Content”) are copyrighted as a collective work under the laws of United States and other copyright laws. GENWI holds the copyright in the collective work. The collective work may include works that are the property of other third parties which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of GENWI solely for your own non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from GENWI. You may not use any GENWI logo or any other proprietary graphic or trademark without GENWI’s express written permission. As between the parties, title, ownership rights, and intellectual property rights in the Services, and any copies or portions thereof, shall remain in GENWI and/or its content providers. Third-party trademarks, service marks and logos contained in GENWI are owned and licensed by their respective owners. GENWI reserves any rights not expressly granted herein.
The Services will allow you to create applications (the “Apps”) that may be published in the Apple, Inc.’s iPhone App Store (the “Apple App Store”) and the Google, Inc.’s Android Market (the “Android Market”). You acknowledge and agree that GENWI shall own all right, title and interest in and to the Apps. The term “Content,” as used herein, shall include all Apps.
2. Grant of Limited License.
In order to access some features of GENWI, including using the Services to create an application (an “App”), you will have to create an online account (the “GENWI Account”). Your access to GENWI is licensed and not sold. Subject to your compliance with these Terms, GENWI agrees to provide you with a personal, revocable, non-transferable and non-exclusive account enabling you to access and use the Service and GENWI, subject to the restrictions set forth herein. All Content that is made available to view and/or download in connection with GENWI is owned by and is the copyrighted work of GENWI and/or its suppliers and is licensed, not sold. Your use of such Content (including the use of the materials that you download in connection with the use of the Services, along with any documentation, text, software, photos, video, graphics, and music, sound or other multimedia files that might accompany it (collectively, “Material”)) is governed by these Terms. You may not lend, lease, rent or sublicense GENWI.
3. User Representations.
By registering for an GENWI Account, you expressly agree (a) you shall not share your account information or allow access to your GENWI Account by any third party, and that your GENWI Account is personal to you; (b) you shall not share with any third party any information and content provided through the Services that is not made generally available by GENWI; (c) you shall be financially responsible for your use of the Service and to comply with your responsibilities and obligations as stated in these Terms; (d) you shall maintain the security of your user identification, password and other confidential information relating to your GENWI Account; (e) you shall be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (f) you shall be responsible for all charges resulting from use of your GENWI Account, including unauthorized use prior to your notifying GENWI in writing of such use and taking steps to prevent its further occurrence by changing your password; (g) you shall comply with the terms and conditions set forth herein; and (h) you shall comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or GENWI.
You represent and warrant to GENWI that: (i) you are over the age of eighteen (18) and have the power, authority or consent to enter into and perform your obligations under these Terms; (ii) all information provided by you to GENWI is truthful, accurate and complete; (iii) you are the authorized signatory of the credit or charge card provided to GENWI to pay the Fees (as defined herein); (iv) you shall comply with all terms and conditions of these Terms; (v) you have provided and will provide accurate, truthful and complete registration information, including, without limitation, your legal name, address and telephone number; (vi) each time you upload a User Contribution (as defined herein) on GENWI or through the Service, you represent and warrant that you own or otherwise control the rights or have the necessary consents to upload or post such User Contributions and to enable inclusion and use of the User Contributions in the manner contemplated by GENWI and these Terms; and (vii) you will agree to all applicable terms of service for the Apple App Store and the Android Market, respectively and as applicable.
4. Fees and Payment Terms.
GENWI charges a subscription fee (“Fees”) for the use of certain of the Services. GENWI expressly reserves the right to change the Fees at any time, in GENWI’s sole discretion, upon notice to you.
By registering for an GENWI Account, you agree to pay GENWI the Fees for the Services applicable to the account level or publishing package chosen. Unless otherwise stated, all fees are stated in U.S. Dollars. The Fees for the Services do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use the Services. All Fees, Taxes (as defined herein) and other charges will be billed to your credit card at the current international currency conversion rate. You are responsible for and shall pay GENWI all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, “Taxes”) for the use of the Services or resulting from these Terms, whether imposed now or hereinafter by any governmental entity. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
All Fees are paid in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, setup fees, or refunds for months unused. We reserve the right to deactivate your access to the Services for failure to pay applicable fees. If you provide us with a credit card that expires during the term of these Terms, we reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay GENWI in the event of any refusal of your credit card issuer to pay any amount to GENWI for any reason. You agree to pay interest at the rate of either 1.5% per month on any outstanding balance, together with costs of collection, including attorney’s fees and costs. In the event you fail to pay any amount when due, GENWI may immediately suspend or terminate these Terms and your access to the Services.
Your subscription will renew automatically, unless we terminate it or you notify us by telephone, mail, or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
The only accepted method for you to cancel your paid subscription to the Services is via the account settings available through your GENWI Account. An email or phone request to cancel your account is not considered cancellation. You can cancel your GENWI Account at any time when you are logged into your GENWI Account by going to your account preferences and using the cancellation link. If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
GENWI dedicates substantial efforts to provide you the quality services available through GENWI. Accordingly, you may not, directly or indirectly, (a) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written permission of GENWI and the copyright owner; (b) distribute, rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content or any User Contributions (as defined below), in whole or in part; (c) remove any proprietary notices or labels on the Content or any User Contributions; or (d) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works (except as expressly permitted in this Agreement) based on the Services, Content or the Material.
You are responsible for your communications and your use of GENWI. You agree not to do any of the following: (a) post or transmit any libelous, defamatory, indecent, obscene or pornographic message, data, image or program; (b) post or transmit any message, data, image or program that would violate any property rights of others; (c) use GENWI to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (d) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (e) upload files that contain a virus or corrupted data; (f) falsify the source or origin of software or other material contained in a file that you upload to a BBS or GENWI; (g) falsely purport to be an employee or agent of GENWI; (h) act, or fail to act, in your use of GENWI, in a manner that is contrary to applicable law or regulation; (i) distribute in any medium any part of GENWI, including, but not limited to, any User Contributions (as defined below), without GENWI’s prior written consent; (j) circumvent, disable or otherwise interfere with security-related features of GENWI or features that prevent or restrict use or copying of any Content or enforce limitations on use of GENWI or the Content therein; (k) use GENWI, any Content or any User Contributions for any commercial use, without the prior written authorization of GENWI; or (l) engage in any other activity deemed by the GENWI to be in conflict with the spirit or intent of these Terms.
GENWI reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful.
6. User Contributions.
Any opinions expressed are the personal opinions of the original authors, not of GENWI. The content is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by GENWI or any other party. GENWI does not assume any responsibility or liability for any blogs, opinions or other commentary posted on GENWI or any website linked to GENWI and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the content.
GENWI does not claim ownership of any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to public areas of GENWI (such as bulletin boards (“BBSs”), forums and chat rooms), such as, but not limited to, video content and textual content (collectively, the “User Contributions”).
By posting, uploading, submitting, or inputting any User Contributions to GENWI or through the Service, alone or as part of other works, you agree to grant to GENWI a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform or display any such User Contributions (including without limitation, ideas contained therein for new or improved products or services) in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses; and to publish your name in connection with your User Contribution. You also hereby grant each user of GENWI a non-exclusive license to access your User Contributions through GENWI, and to use, reproduce, distribute, display and perform such User Contributions as permitted through the functionality of GENWI and under these Terms.
With respect to any User Contributions consisting of video files, the above licenses granted by you shall terminate within a commercially reasonable time after you remove or delete such video files from the Service. You understand and agree, however, that GENWI may retain server copies of User Contributions that have been removed or deleted. The above licenses granted by you with respect to any other types of User Contributions are perpetual and irrevocable. You hereby waive your moral rights in any such User Contributions, and you hereby warrant that any such User Contributions are original with you, or that you have the right to submit such User Contributions. You agree that you shall have no recourse against GENWI for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You further acknowledge and agree that: (a) no compensation will be paid with respect to the use of your User Contributions, as provided herein; (b) GENWI is under no obligation to post or use any User Contribution you may provide; and (c) GENWI may remove any Submission at any time in its sole discretion.
Your participation in on-line communications occurs in real time and GENWI does not edit, censor, or otherwise control such communications. GENWI cannot and does not screen content provided by you to GENWI or through its service. Notwithstanding the foregoing, GENWI reserves the right to remove any content from GENWI at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if GENWI is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
GENWI is available to the public. Do not post information you consider confidential to these websites. If you submit content, you agree that GENWI may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any posting(s) made by you. GENWI may modify, display, delete, transmit or distribute content posted on GENWI in its sole discretion and without your permission. However, GENWI shall not be responsible for controlling or editing any content, and GENWI cannot ensure prompt removal of inappropriate or unlawful content.
7. Links to Third Party Web GENWI.
8. Disclaimer of Third Party Information.
GENWI does not and cannot review all communications and materials posted or uploaded to GENWI and is not responsible for the content of these communications and materials. However, GENWI reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to GENWI.
You understand that when using GENWI, you will be exposed to User Contributions and third party content from a variety of sources, and that GENWI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Contributions or third party content. You also understand and acknowledge that you may be exposed to User Contributions and third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GENWI with respect thereto.
Statements made in websites, newsgroups, message boards, email, forums, conferences, chats and/or User Contributions reflect only the views of their authors. Forum managers, forum hosts, content providers, or merchants appearing on GENWI are not authorized GENWI spokespersons, and their views do not necessarily reflect those of GENWI, and GENWI does not endorse any User Contribution or any opinion, recommendation, or advice expressed therein.
GENWI reserves complete and sole discretion with respect to the operation of GENWI. GENWI may, among other things: (a) make available to third parties information relating to GENWI and its users; (b) withdraw, suspend or discontinue any functionality or feature of GENWI. GENWI may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, chats and User Contributions and authorize restrictions on access thereto; (c) monitor or review GENWI for violations of these Terms and for compliance with GENWI’s policies; (d) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (e) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any User Contribution or any portion thereof that may violate these Terms, the law or any of GENWI’s policies or are excessive in size or burdensome without prior notice to you; and/or (f) manage GENWI in a manner designed to protect GENWI’s and third parties’ rights and property or to facilitate the proper functioning of GENWI.
You acknowledge and agree that from time to time GENWI and/or its services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which GENWI may undertake from time to time; or (iii) causes beyond the control of GENWI or which are not reasonably foreseeable by GENWI.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, GENWI RESERVES THE RIGHT TO, IN GENWI’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF ISITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL.
10. General Disclaimer.
GENWI MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT YOUR APP WILL (A) BE SUBMITTED TO THE APPLE APP STORE OR THE ANDROID MARKET; (B) BE APPROVED OR PUBLISHED BY APPLE, INC. OR GOOGLE, INC.; OR (C) NOT BE REMOVED FROM THE APPLE APP STORE OR THE ANDROID MARKET AFTER YOUR APP IS PUBLISHED, IF AT ALL.
GENWI IS PROVIDED BY GENWI ON AN “AS IS” BASIS. GENWI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF GENWI OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON GENWI. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GENWI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. GENWI CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. GENWI CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS ONLINE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. GENWI DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. GENWI MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.
Although GENWI has attempted to provide accurate information on GENWI, GENWI assumes no responsibility for the accuracy or completeness of the information.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GENWI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY USER CONTRIBUTION POSTED OR SUBMITTED BY YOU (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).
12. Waiver and Release.
YOU AGREE THAT NEITHER GENWI NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF GENWI, THE SERVICE, OR THE CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT GENWI SHALL NOT BE LIABLE FOR USER CONTRIBUTIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST GENWI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF GENWI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICE, OR THE CONTENT.
13. Liability Limitation.
NOTWITHSTANDING THE FOREGOING PARAGRAPH GENWI WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE GENWI OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF GENWI MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GENWI is controlled and offered by GENWI from its facilities in the United States of America. GENWI makes no representations that GENWI is appropriate or available for use in other locations. Those who access or use GENWI from other jurisdictions do so at their own volition and are responsible for compliance with local law.
14. Term and Termination.
The term of these Terms shall commence on the date you access GENWI and shall terminate as set forth herein. Either you or GENWI may terminate your right to use GENWI at any time, with or without cause, with or without notice. The provisions of Sections 1, and 3 through 18 shall survive any termination or expiration of these Terms.
16. Copyright Infringement Notification.
If you believe that material or content residing on or accessible through the GENWI Site infringes a copyright, please review GENWI’s Copyright Infringement Notice at http://genwi.com/legal/dmca.
GENWI may deliver notice to you under these Terms by means of electronic mail, a general notice on GENWI, or by written communication delivered by first class U.S. mail to your address on record in your GENWI Account. You may give notice to GENWI at any time via electronic mail to the following address: info[at]genwi[dot]com.