If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, Content), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
Without limiting any of those representations or warranties, InGeniusResults has the right (though not the obligation) to, in InGeniusResults sole discretion (i) refuse or remove any content that, in InGeniusResults reasonable opinion, violates any InGeniusResults policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in InGeniusResults sole discretion. InGeniusResults will have no obligation to provide a refund of any amounts previously paid.
Optional paid services such as extra storage, or purchases are available on the Website (any such services, an Upgrade). By selecting an Upgrade you agree to pay InGeniusResults the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Unless you notify InGeniusResults before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time in the Upgrades section of your sites dashboard.
InGeniusResults has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that materials content, use or effects. By operating the Website, InGeniusResults does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. InGeniusResults disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which InGeniusResults links, and that link to InGeniusResults . InGeniusResults does not have any control over those non- InGeniusResults websites and webpages, and is not responsible for their contents or their use. By linking to a non- InGeniusResults website or webpage, InGeniusResults does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. InGeniusResults disclaims any responsibility for any harm resulting from your use of non- InGeniusResults websites and webpages.
As InGeniusResults asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by InGeniusResults violates your copyright, you are encouraged to notify InGeniusResults. InGeniusResults will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. InGeniusResults will terminate a visitors access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of InGeniusResults or others. In the case of such termination, InGeniusResults will have no obligation to provide a refund of any amounts previously paid to InGeniusResults.
This Agreement does not transfer from InGeniusResults to you any InGeniusResults or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with InGeniusResults logo, and all other trademarks, service marks, graphics and logos used in connection with InGeniusResults, or the Website are trademarks or registered trademarks of InGeniusResults or InGeniusResults licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any InGeniusResults or third-party trademarks.
This Agreement constitutes the entire agreement between InGeniusResults and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of InGeniusResults , or by the posting by InGeniusResults of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state nominated by InGeniusResults., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located as designated by InGeniusResults. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled as proposed by InGeniusResults, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; InGeniusResults may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If you find an InGeniusResults site that you believe violates our terms of service, please report the case to firstname.lastname@example.org
You agree that any claim you may have arising out of or related to your relationship with InGeniusResults must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject InGeniusResults to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that InGeniusResults provides.
InGeniusResults may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your InGeniusResults account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Content published by the The Author via InGeniusResults services is owned by The Author. Usage of The Authors content by InGeniusResults is allowed for marketing purposes, unless said content is marked as private.
You agree to indemnify and hold InGeniusResults , and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
The Author is entirely responsible for the content of, and any harm resulting from, the Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
(i) The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
(ii) The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
(iii) The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
(iv) The Content does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
(v) Your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
(vi) Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blogs URL or name is not the name of a person other than yourself or company other than your own;
Content published by The Author is not pre-screened by InGeniusResults . InGeniusResults shall have the right, in their sole discretion, to refuse publication or remove from their systems, of Content published by The Author.
InGeniusResults is authorized to insert advertisement into content published by The Author. Advertisement shall take the form of advertisement banners. Advertisement shall be clearly marked as such in published pages.
The pricing policy defines InGeniusResults optional paid services that add features to the blog. The paid services relate to different limits on:
(i) Access to InGeniusResults Service features,
(ii) Storage limits for data stored in InGeniusResults servers,
The pricing policy may change without prior notice or posterior notification to the Author.
InGeniusResults reserves the right to suspend and delete blogs based on activity criteria. Suspension and deletion criteria are applied individually per blog hosted on InGeniusResults. A blog will be considered active if it fulfils at least one of the following conditions:
(i) It subscribes any premium service.
(ii) It contains more than ten posts, and the most recent post is less than eighteen months old.
(iii) It contains more than one post, and the most recent post is less than six months old.
(iv) Its most recent post is less than two weeks old.
Blogs that can not be considered active will be marked as inactive. InGeniusResults may at any time start a deletion process for inactive blogs. The deletion process occurs as follows:
(i) The blog is suspended for inactivity
(ii) An email is sent to the registered owner email address, informing of the suspension
(iii) The blog is deleted thirty days after the suspension date, if it still can not be considered active.
You expressly understand and agree that:
(a) Your use of the service is at your sole risk. The service is provided on an AS IS and AS AVAILABLE basis. InGeniusResults expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement.
(b) InGeniusResults will make reasonable efforts to maintain the service, however, InGeniusResults is not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or non-delivery of information, restriction or loss of access, bugs or other errors.
Unauthorised use due to your sharing of access to the service, or other interaction with the service. You are responsible for maintaining and backing up your data and information that may reside on the service. InGeniusResultsdoes not warrant that:
(i) The service will meet your specific requirements,
(ii) The service will be uninterrupted, timely, secure or error free.
(iii) The results that may be obtained from the use of the service will be accurate or reliable,
(iv) The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
(v) any errors in the software will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk that you will be solely responsible for any damage to your computer system or loss of data that results from any download.
(d) No advice or information, whether oral, written or obtained through or from the service shall create any warranty not expressly stated in the T.O.S., Terms of Service.
You expressly understand and agree that InGeniusResults shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages to, damages for loss of profit, goodwill, use, data or other intangible losses (even if InGeniusResults 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 any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service.
(iii) unauthorised access to or alteration of your transmissions or data,
(iv) Statements or conduct of any third party on the service, or
(v) Any other matter relating to the service.