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Generation S, LLC (“Gen S”) offers online services and
applications to you (“User”) subject to the following terms of
service, conditioned on acceptance of the terms, conditions, and
notices contained herein, without modification. User access and
use of this application constitutes acceptance of these terms
and conditions.
Ownership of Intellectual Property
Unless otherwise specified in writing, all materials that are
part of the Services are owned, controlled, or licensed by
Generation S (Gen S) and are protected by law from unauthorized
use. The entire contents of the Services are copyrighted under
the United States copyright laws and/or similar laws of other
jurisdictions. Gen S, its applications, services, and all other
intellectual property used in the applications are trademarks of
Gen S and may not be used without the express written permission
of Gen S.
Updates /Improvements
All Gen S applications and services are constantly under
development and will release application features without
notice. Gen S makes
changes to its applications with the best interest of its Users.
While some users may not agree with the changes, Gen S requests
that users provide feedback in a constructive and professional
manner.
Usage Rules
As a condition of your use of and access to the Gen S
applications and services (“Services”), you agree to comply with
these Usage Rules, which are provided as an example rather than
as a limitation, and any application or game specific rules
published within the Services.
You agree that your use of and conduct on the Services
shall be lawful and your User Content will NOT:
·
be in violation of these Terms or the
Facebook Terms of Service;
·
defame, libel, discriminate, threaten, ridicule, mock,
disparage, harass, intimidate or abuse anyone;
·
include any offensive comments that are connected to race,
national origin, gender, sexual preference or physical handicap;
·
include profanity or any obscene, indecent, pornographic, sexual
or otherwise objectionable content or language;
·
promote violence or describe how to perform a violent act
·
violate the contractual, personal, intellectual property or
other rights of any party, or promote or constitute illegal
activity.
You and your activities on the Services will NOT:
·
reveal any personal information about another individual,
including another person's address, phone number, e-mail
address, credit card number or any information that may be used
to track, contact or impersonate that individual;
·
attempt to impersonate any other party;
·
create user accounts by automated means or under false pretenses
or mislead others as to the origins of your communications;
·
trick, defraud or mislead Gen S and other users, especially in
any attempt to learn sensitive account information such as
passwords;
·
violate these Terms or any local, state, federal or
international law, rule or regulation or any other requirements
or restrictions posted by Gen S on the Services;
·
upload, disseminate, or transmit (or attempt to upload,
disseminate, or to transmit) RATs, keyboard loggers, time bombs,
spyware, adware, cancelbots, corrupted files, or any other
malicious or invasive code or program;
or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text)
that interferes with any party's uninterrupted use and enjoyment
of the Services and User Content or modifies, impairs, disrupts,
damages, destroys, alters or interferes with the use, features,
functions, operation or maintenance of the Services, the User
Content, computer system, network, software, program,
documentation or data.
Use of Forums, Discussion Boards, and All Other Interactive
and/or Communication Facilities
To the extent that Gen
S contains discussion boards, forums, or any other interactive
or communication facilities involving Gen S and other users (“Forums”), the User
agrees to use such Forums only to send and receive messages and
material that are proper and related to the particular Forum.
You and your activities on the Forums, Discussion
boards, and any other will not violate any of the Terms in this
document, including those outlined above, and will include
NOT:
-
• Advertise,
spam or post any topic that relates to any other application,
Services, or product. Cross-application trading is prohibited on
the Forum.
-
• Post
content that User does not have the right to post, including
proprietary material of any third party, such as files
containing software or other material protected by intellectual
property laws (or by rights of privacy or publicity).
Gen S cautions User against giving out any personally
identifying information about User in any Forum.
Gen S does not
control or endorse the content, messages or information found in
any Forum
and, consequently,
Gen S specifically disclaims any
liability with respect to the Forums and any actions resulting
from User’s participation in any Forum.
If User makes any submission via Forums, Discussion Boards, or
any other interactive or communication facilities involving “How
Men Think: The Insider’s Guide” and Gen S, User automatically
grants (or warrants that the owner of such content or
intellectual property has expressly granted) to Gen S a
royalty-free, perpetual, irrevocable, world-wide nonexclusive
license to use, reproduce, create derivative works from, modify,
publish, edit, translate, distribute, perform, and display the
content in any media or medium, or any form, format or forum now
known or hereafter developed.
Gen S may sublicense its rights through multiple tiers of
sublicenses. If
User wishes to keep any of the submitted information, ideas, or
concepts private or proprietary, User should not use the Forums.
Gen S requests that threads be placed in the appropriate section
on the Forum. Additionally, please review older threads to
reduce duplicate posts.
Gen S moderators reserve the right to review topics posted on
the Forums and to remove or censor any topic at its sole
discretion. Users who do not adhere to the above terms may face
a forum ban and/or permanent ban.
Disclaimer
USER’S USE OF THIS APPLICATION IS AT USER’S OWN RISK. THE
CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED. GEN S DISCLAIMS ALL WARRANTIES,
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. GEN S DOES NOT
WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS
APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS APPLICATION OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. GEN S DOES NOT WARRANT OR MAKE ANY REPRESENTATION
REGARDING USE, OR THE RESULT OF USE, OF THE APPLICATION IN TERMS
OF ACCURACY, RELIABILITY, OR OTHERWISE. THE APPLICATION MAY
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND GEN
S MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. USER, AND NOT
GEN S, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING
FROM THE USE OF THIS APPLICATION OR ITS CONTENT.
Limitation of Liability
GEN S, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICES
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND
DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT,
INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF GEN S
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL THE COLLECTIVE LIABILITY OF GEN S AND ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICES PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT USER HAS
PAID TO GEN S FOR USE OF THE APPLICATION OUT OF WHICH LIABILITY
AROSE.
Indemnification
User will indemnify and hold harmless, Gen S, its
subsidiaries, affiliates, licensors, content providers, Services
providers, employees, agents, officers, directors, and
contractors (the "Indemnified Parties") from any breach of these
Terms of Services by User, including any use of the application
other than as expressly authorized in these Terms of Services.
User agrees that the Indemnified Parties will have no liability
in connection with any such breach or unauthorized use, and User
agrees to indemnify any and all resulting loss, damages,
judgments, awards, costs, expenses, and attorneys' fees of the
Indemnified Parties in connection therewith.
Termination
Gen S reserves the right to terminate a User's account at any
given time, without notice, for any reason whatsoever.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to
the laws of the state of Washington, United States of America,
notwithstanding any principles of conflicts of law. User
specifically consents to personal jurisdiction in Washington in
connection with any dispute between User and Gen S arising out
of these Terms of Services or pertaining to the subject matter
hereof. The parties to these Terms of Services each agree that
the exclusive venue for any dispute between the parties arising
out of these Terms of Services will be in the state and federal
courts in King County, Washington.
If any part of these Terms of Use is unlawful, void or
unenforceable, that part will be deemed severable and will not
affect the validity and enforceability of any remaining
provisions.
User agrees that no joint venture, partnership, employment, or
agency relationship exists between User and Gen S as a result of
this agreement or use of this application.
These Terms of Use constitute the entire agreement among the
parties relating to this subject matter and supersedes all prior
or contemporaneous communications and proposals, whether
electronic, oral or written between User and Gen S with respect
to this application.
A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and
maintained in printed form. Notwithstanding the foregoing, any
additional terms and conditions on this site will govern the
items to which they pertain.
Gen S may revise these Terms of Use at any time.
© 2011 Gen S
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