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  terms of use
Last updated November 12, 2010
 

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.

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