Why should I read them?
A. Acceptance of Terms
The rest of the TOU is broken into a number of different sections:
- i-genius’ obligation to you
- Your obligation to i-genius
- Security and Member privacy
- Member account Registration
- Member Conduct
- I-genius proprietary rights
- Disclaimer of Warranties
- Limitation of liability
- Modification and Termination of the serice
- TOU Violations
- Termination of Use
- Entire Agreement
- Governing law
- Online content and data protection
a. i-genius obligation to you
Subject to the TOU, i-genius will:
- Inform you of any changes to the TOU from time to time.
- Remind you of aspects of your obligation to i-genius at appropriate times during your use of the Service.
- In conjunction with the Data Protection Act (1988) treat your personal information in a responsible manner. See Security and Member Privacy.
- Supply you with access to an on-line facility to network with contacts and contacts of contacts.
- Supply the Service using operating procedures designed to ensure the Service’s security and System availability.
- Answer any queries you have regarding the TOU, Service and the operation of your account.
b. Your Obligation to i-genius
- You will accept liability for some events which may occur. See Indemnification.
- You will read, acquaint yourself fully and comply with all aspects of the TOU. If there are any aspects which you do not fully understand you will seek clarification from i-genius (firstname.lastname@example.org)
- You are aged 18 or over.
- You will at all times use the Service in good faith and in a responsible manner.
- You will not allow anyone other than yourself and i-genius to access your account.
- You will use the Service solely for your own benefit and shall not sell, lease, assign, lend, hire or gift any part of the Service in whole or in part to any other person without i-genius prior written approval.
- You will use the Service only for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of the Service by any Member and/or i-genius.
- Comply with all terms of Members Conduct and Member Account Registration of the TOU.
c. Security and Member Privacy
You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all Member accessible activities that occur under your account. You agree to notify i-genius immediately on becoming aware of any unauthorized use of your password or account or any other breach of security.
i-genius has put in place security measures to protect against the loss, misuse and alteration of the information collected. A ‘firewall’ (an internet security device) sits between the i-genius website and the internet to help prevent any unauthorized user from accessing any data.
You agree that i-genius and its authorised employees can access your account, including its contents as stated above, or to respond to support queries or technical issues or to fulfil the obligations under this Agreement.
i-genius reserves the right at all times to monitor, review, retain, and/or disclose in good faith any information it believes in good faith that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of i-genius or enforce the TOU.
i-genius reserves the right to collect and distribute non-personal demographic information to third parties. As such this information would not contain any information that would allow your identity to be deduced.
d. Member Account Registration
To register as an i-genius Member, you agree to:
- Provide us with current, complete and accurate information about yourself (the registration data);
- Maintain and promptly update the registration data to keep it current, complete and accurate at all times;
- To represent only yourself/your organisation on the Service, and no other persons, living, dead, or imagined.
If you provide any information that is not current, or is incomplete or inaccurate, or i-genius has reasonable grounds to believe that such information fits the above description, i-genius has the right to suspend or terminate your membership, and refuse any and all current or future use of the Service.
i-genius has no obligations under the Agreement to check the accuracy or truthfulness of the registration data of any Member.
e. Member Conduct
As a condition of your use of the Service, you guarantee to i-genius that you will not use the Service for any purpose that is unlawful and / or prohibited by these terms, conditions, and notices.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree NOT to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
- Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
- Create a false or misleading identity of, including, but not limited to, a i-genius employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
- Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
- Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right (‘Rights’) of any party or infringes any intellectual property law or any other applicable law.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Interfere with another member’s use and enjoyment of the Service.
Without prejudice to the Security and Member Privacy of the TOU, i-genius has no obligation to monitor the Service or any member’s use thereof.
f. i-genius’ Proprietary Rights
You acknowledge and agree that the i-genius content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) design presented through and as part of the Service by i-genius is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
Such content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only and at all times used solely in connection with the Service in accordance with the TOU.
Certain names, logos, and other materials displayed on the i-genius web site constitute trademarks, copyright and other intellectual property collectively referred to as ‘IP rights’ of i-genius. Ownership of such IP rights remains with i-genius. You are authorised to use such IP rights during the process of promoting and using the i-genius service hosted by the Service.
Links to third party websites are provided for information only and do not imply an approval/endorsement of the site. I-genius is not responsible for the contents of any linked site and shall be under no liability arising from your use of these sites.
g. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT:
- Your use of the Service is at your sole risk.
- The Service is provided on an ‘as is’ and ‘as available’ basis and the warranties on the part of i-genius contained in this TOU are given in place of and replace, exclude and extinguish all and every other condition or warranty whatsoever on the part of i-genius, written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to the full extent permitted by law.
- The information and content included in/available through the Service may include inaccuracies or typographical errors.
- Changes are periodically added to the information contained with the Service and i-genius and/or its respective suppliers may make improvements and/or changes in the Service at any time.
- No advice or information, whether oral or written, obtained by you from i-genius or through the Service shall create any warranty not expressly stated in the TOU.
Except as otherwise expressly provided in the TOU, i-genius does NOT represent or warrant that:
- The Service will meet your requirements.
- The Service will be uninterrupted or error-free, timely or secure.
- Defects or errors will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components.
- The use of or the results of the use of the Service or the content made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
- The content of the Service input by other members is correct or accurate.
h. LIMITATION OF LIABILITY
- YOU AGREE THAT i-genius SHALL NOT BE RESPONSIBLE OR LIABLE FOR:
- PROVIDED THAT i-genius HAS FULFILLED ITS SECURITY OBLIGATIONS, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
- ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT, SAVE THAT i-genius SHALL BE ENTITLED TO REMOVE IT IN ALL PRACTICABLE SPEED AFTER i-genius HAS BEEN NOTIFIED IN WRITING OF ITS PRESENCE ON THE SITE.
- CONDUCT OF ANY OTHER MEMBER OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
- ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
- DAMAGES FOR LOSS OF USE;
- DATA GOODWILL;
- PROFITS, OR OTHER INTANGIBLE LOSSES;
ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
- USE OR PERFORMANCE OF THE SERVICE OR RELATED WEBSITES;
- DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEBSITES;
- PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION OR SOFTWARE;
- SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE;
- DELAY IN OPERATION OR TRANSMISSION;
- COMPUTER VIRUS;
- COMMUNICATION LINE FAILURE;
- DESTRUCTION OR UNAUTHORIZED ACCESS;
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE – EVEN IF i-genius OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART OF THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITE.
You agree to indemnify, defend and hold harmless i-genius, its parents, subsidiaries, affiliates, officers and employees from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
j. Modification and Termination of the Service
You agree that i-genius, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if i-genius believes that you have violated or acted inconsistently with the letter or spirit of the TOU.
i-genius may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Service under any provision of the TOU may be effected without notice, and acknowledge and agree that i-genius 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 or the Service UNLESS agreed in writing with i-genius. Nevertheless, where possible, i-genius will use reasonable endeavours to give Members fair notice of termination or suspension of their access to the Service.
Further you agree that i-genius shall not be liable to you or any third party for any termination or suspension of access to the Service or modification of the Service.
k. Modifications to the TOU
i-genius 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 i-genius shall not be liable to you or any third party for any modification to or discontinuance of the Service.
l. TOU Violations
Please report any violations of the TOU to Customer Support at email@example.com
m. Termination of Use
You agree that i-genius, in its sole discretion, may terminate all or part of your user access, registration, password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if i-genius believes that you have violated or acted inconsistently with the letter or spirit of the TOU.
i-genius may in its sole discretion, and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that i-genius 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 or the Service. Further, you agree that i-genius shall not be liable to you or any third-party for any termination of your access to the Service
n. Entire Agreement
These TOU constitute the entire agreement between i-genius and the Member and supersede any previous agreement or understanding between i-genius and the Member.
o. Governing Law
These TOU shall be governed in all respects by English Law and the parties submit to the exclusive jurisdiction of the English Courts. It complies with the treatment of information under the data protection law (1988)
p. Online Content
Opinions, advice, statements, offers, and other content made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The accuracy, completeness, usefulness of any of the information herein is not guaranteed. Neither does i-genius endorse/take responsibility for the accuracy or reliability of any opinion, advice, statement made by parties other than us.
i-genius is not responsible for any loss, damage resulting from anyone’s reliance on information or other content posted on the service, or transmitted to members.
i-genius reserves the right, but have no obligation, to monitor the materials posted in the public areas of the service.
i-genius reserve the right to remove material which, in it’s sole discretion, violates the law or this agreement. Notwithstanding this right, you remain solely responsible for the content of the materials you post in the public areas of the service.
All content on the site is to the best of i-genius knowledge, timely and accurate when issues.
i-genius Ltd is a limited company registered in England and Wales. Company Registration No. 05118974. Registered Office: 10 Colthurst Crescent, London, N4 2DS, United Kingdom.