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Terms of Service
Genesis
Dream Board runs on software that is owned, created and managed by Genesis
Dream Board, Inc. The software integrates with Facebook and strictly adheres to
its developer principles and policies. For more information please visit http://developers.facebook.com/policy/.
This
Terms of Service ("TOS") is a legally binding agreement made by and
between Genesis Dream Board ("Genesis Dream Board, Inc.") and you
personally, and, if applicable, on behalf of the entity for whom you are using
this website (collectively, "you"). This TOS governs your use of
http://www.genesisdreamboard.com ("Website") and the services offered
therein, so please read carefully. By signing up and/or logging in or by
accessing or using any part of the website, you agree that you have read,
understand and agree to be bound by this TOS. If you do not agree to be so
bound, please do not access or use the website. Internet technology and the
applicable laws, rules and regulations change frequently. Accordingly, Genesis
Dream Board reserves the right to make changes to this TOS at any time. Your
continued use of the website constitutes assent to any new or modified
provision of this TOS that may be posted on the website.
1. USING THE WEBSITE. (a) Eligibility.
Except as expressly provided below, Services may only be used by, and
Membership is limited to, individuals who can form legally binding contracts
under applicable law. Without limitation, minors are prohibited from becoming
Members and, except as specifically provided below, using fee-based Services. (b)
Compliance. You must comply with all terms and conditions of this TOS,
the policies referred to below, and all applicable laws, regulations and rules
when you use the Website. (c) License and Restrictions. Subject to the
terms and conditions of this TOS, you are hereby granted a limited,
non-exclusive right to use the content and materials on the Website in the
normal course of your use of the Website. You may not use any third-party
intellectual property without the express written permission of the applicable
third-party, except as permitted by law. Genesis Dream Board will retain
ownership of its intellectual property rights and you may not obtain any rights
therein by virtue of this TOS or otherwise, except as expressly set forth in
this TOS. You will have no right to use, copy, display, perform, create
derivative works from, distribute, have distributed, transmit or sublicense
from materials or content available on the Website, except as expressly set
forth in this TOS. You may not attempt to reverse engineer any of the
technology used to provide the Services. (d) Prohibited Conduct. In your
use of the Website and the Services, you may not: (i) infringe any patent,
trademark, trade secret, copyright, right of publicity or other right of any
party; (ii) defame, abuse, harass, stalk any individual, or disrupt or
interfere with the security or use of the Services, the Website or any websites
linked to the Website; (iii) interfere with or damage the Website or Services,
including, without limitation, through the use of viruses, cancel bots, Trojan
horses, harmful code, flood pings, denial of service attacks, packet or IP
spoofing, forged routing or electronic mail address information or similar
methods or technology; (iv) attempt to use another user's account, impersonate
another person or entity, misrepresent your affiliation with a person or
entity, including (without limitation) Genesis Dream Board or create or use a
false identity; (v) attempt to obtain unauthorized access to the Website or
portions of the Website that are restricted from general access; (vi) engage,
directly or indirectly, in transmission of "spam," chain letters,
junk mail or any other type of unsolicited contact; (vii) collect, manually or
through an automatic process, information about other users without their
express consent, nor other information relating to the Website or the Services;
(viii) use any meta tags or any other "hidden text" utilizing Genesis
Dream Board's name, trademarks, or product names; (ix) advertise, offer to
sell, or sell any goods or services, except as expressly permitted by Genesis
Dream Board; (x) engage in any activity that interferes with any third party's
ability to use or enjoy the Website or Services; or (xi) assist any third party
in engaging in any activity prohibited by this TOS. (e) Other Users. If
you become aware of any conduct that violates this TOS, Genesis Dream Board
encourages you to contact Genesis Dream Board Customer Service. Genesis Dream
Board reserves the right, but will have no obligation, to respond to such
communications.
2. MEMBERSHIP. To become a Member, you must give permission
to Genesis Dream Board to allow access to the information you have configured
in your Facebook permissions, and asked for when you signed up for Genesis
Dream Board. To cancel Membership, remove the application in Facebook by
clicking on Account/Privacy Settings/“Edit your settings,” locate Genesis Dream
Board under the “Apps you use” section, click on it and then click on “Remove
app” on the far right of where Genesis Dream Board is listed. (We are sorry
that Facebook didn’t make this easier for you. Due to the integration of
Facebook with our product, we cannot provide an easier way for you to
unsubscribe from our website.)
3. PRIVACY POLICY. You agree to the terms of
Genesis Dream Board's Privacy Policy, which is incorporated by reference into
this TOS.
4. FEES. (a) Payment. Genesis Dream Board may offer products, services or
levels of membership for a fee.
5. YOUR CONTENT. (a) License. By posting, storing
or transmitting any content on or to the Website, you hereby grant Genesis
Dream Board a perpetual, worldwide, non-exclusive, royalty-free,
sub-licensable, right and license to use, copy, display, perform, create
derivative works from, distribute, have distributed, transmit and sublicense
such content in any form, in all media now known or hereinafter created,
anywhere in the world. You hereby irrevocably waive any claims based on moral
rights, if any. (b) Objectionable Content. Genesis Dream Board, Inc. does not
have the ability to control the nature of the content offered through the
Website. You are solely responsible for your interactions with other users of
the Website (including, without limitation, Genesis Dream Board) and any
content that you post. Genesis Dream Board, Inc. will not be liable for any
damage or harm resulting from any content or your interactions with other users
of the Website. Genesis Dream Board reserves the right, but has no obligation,
to monitor interactions between you and other users of the Website and take any
other action to restrict access to or the availability of any material that we
or another user of the Website may consider to be obscene, lewd, lascivious,
filthy, excessively violent, harassing or otherwise objectionable (including,
without limitation, because it violates this TOS).
6. OUR CONTENT. (a) Copyright. All materials on
the Website and available through the Services, including without limitation,
the logos, design, text, graphics, audio clips, video clips, other files, and
the selection, arrangement and organization thereof are owned by Genesis Dream
Board, Inc., its licensors or other entities. Unauthorized use of such
materials is strictly prohibited. Copyright 2011 Genesis Dream Board, Inc. ALL
RIGHTS RESERVED. (b) Trademarks. Product names, logos, designs, titles, and
words or phrases used on any Genesis Dream Board website, including, without limitation,
Genesis Dream Board trademarks are owned by Genesis Dream Board, Inc., its
licensors or other entities. All page headers, custom graphics, button icons
and scripts are trademarks or trade dress of Genesis Dream Board, Inc. If you
use such trademarks or logos, you must include appropriate attribution. All
other trademarks, trade names and the like that appear on the Website or the
Services are the property of their respective owners. You may not use any of
these trademarks, trade dress, or trade names without express permission.
7. INTELLECTUAL PROPERTY POLICY. Genesis
Dream Board, Inc. respects the intellectual property rights of others and
expects its users to do the same. Genesis Dream Board, Inc. may remove content
that in its sole discretion appears to infringe the intellectual property
rights of others. In addition, Genesis Dream Board, Inc. will terminate the
accounts of users who infringe the intellectual property rights of others. If
you believe that a user of the Website or the Services has infringed your
intellectual property rights, please notify Genesis Dream Board's Intellectual
Property Agent, and provide the following information: (a) a physical or
electronic signature of the person authorized to act on behalf of the owner of
the intellectual property right. (b) An identification of the intellectual
property claimed to have been infringed. (c) A detailed description of the
material that you claim is infringing, so that we may locate it, including the
URL where the infringing material appears. (d) Your address, telephone number,
and email address. (e) A statement by you that you have a good faith belief
that the allegedly infringing use is not authorized by the intellectual
property rights owner, its agent, or the law. (f) A statement, made under
penalty of perjury, by you that the above information is accurate and that you
are authorized to act on behalf of the owner of the intellectual property
rights involved. Genesis Dream Board's Intellectual Property Agent can be
reached through Customer Support.
8. LINKING AND FRAMING. You may not frame, inline link,
or similarly display any Genesis Dream Board content or property, including,
without limitation, the Website. You may not use any Genesis Dream Board, Inc.
trademarks as part of a link without express written consent.
9. REPRESENTATIONS AND WARRANTIES. You
represent and warrant to Genesis Dream Board, Inc. that: (i) you have
the full power and authority to enter into and perform your obligations under
this TOS; (ii) your assent to and performance of your obligations under this
TOS does not constitute a breach of or conflict with any other agreement or
arrangement by which you are bound, or any applicable laws, regulations or
rules; (iii) this TOS constitutes legal, valid and binding obligations on you,
enforceable in accordance with its terms and conditions; (iv) you will not
infringe the patent, copyright, trademark, trade secret, right of publicity or
other intellectual property or proprietary right of any third party in your use
of the Website or the Services; and (v) you will comply with all applicable
laws, rules and regulations in your use of the Services and the Website,
including this TOS.
10. INDEMNIFICATION. You agree to hold Genesis Dream
Board, Inc. and its employees, representatives, agents, attorneys,
affiliates, directors, officers, members, managers and shareholders
("Indemnified Parties") harmless from any damage, loss, cost or
expense (including without limitation, attorneys' fees and costs) incurred in
connection with any third-party claim, demand or action ("Claim")
brought or asserted against any of the Indemnified Parties: (i) alleging facts
or circumstances that would constitute a breach of any provision of this TOS by
you or (ii) arising from, related to, or connected with your use of the Website
or the Services. If you are obligated to provide indemnification pursuant to
this provision, Genesis Dream Board may, in its sole and absolute discretion,
control the disposition of any Claim at your sole cost and expense. Without
limiting the foregoing, you may not settle, compromise or in any other manner
dispose of any Claim without the consent of Genesis Dream Board, Inc.
11. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS. (a)
DISCLAIMER OF WARRANTIES. GENESIS DREAM BOARD PROVIDES THE WEBSITE AND SERVICES
ON AN "AS IS" AND "AS AVAILABLE" BASIS. GENESIS DREAM
BOARD, INC. DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICES OR THEIR
USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS,
INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE
IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. GENESIS DREAM
BOARD, INC. MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS,
AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND
NON-INFRINGEMENT. (b) EXCLUSION OF DAMAGES. GENESIS DREAM BOARD, INC. WILL NOT
BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO
LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR
CONNECTED WITH THE USE OF THE WEBSITE OR SERVICES, REGARDLESS OF THE CAUSE OF
ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OCCURRING. (c) LIMITATIONS OF LIABILITY. IN NO EVENT WILL THE LIABILITY
OF GENESIS DREAM BOARD, INC. IN CONNECTION WITH THIS TOS, THE WEBSITE OR
SERVICES EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU TO GENESIS DREAM
BOARD DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO
SUCH LIABILITY OR (II) $1.
12. FORCE MAJEURE. Genesis Dream Board, Inc. will
not be liable for failing to perform under this TOS by the occurrence of any
event beyond its reasonable control, including, without limitation, a labor
disturbance, an Internet outage or interruption of service, a communications
outage, failure by a service provider to Genesis Dream Board, Inc. to perform,
fire, terrorism, natural disaster or war.
13. ARBITRATION. All disputes arising out of or
relating to this TOS (including its formation, performance or alleged breach)
or your use of our Services or the Website will be exclusively resolved under
confidential binding arbitration held in Seattle, Washington before and in
accordance with the Rules of the American Arbitration Association. The
arbitrator's award will be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this TOS will be joined to an arbitration involving
any other party subject to this TOS, whether through class arbitration
proceedings or otherwise. Notwithstanding the foregoing, Genesis Dream Board,
Inc. will have the right to seek injunctive or other equitable relief in state
or federal court located in Seattle, Washington to enforce these terms or
prevent an infringement of a third-party's rights. In the event equitable
relief is sought, each party hereby irrevocably submits to the personal
jurisdiction of such court.
14. WAIVER OF CLASS ACTION RIGHTS. BY
ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO
JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR
PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH
THIS TOS MUST BE ASSERTED INDIVIDUALLY.
15. Limitation of Actions. You acknowledge and agree that,
regardless of any statute or law to the contrary, any claim or cause of action
you may have arising out of, relating to, or connected with your use of the
Website or Services, must be filed within one calendar year after such claim or
cause of action arises, or forever be barred.
16. CHANGES TO THE WEBSITE OR SERVICE. Genesis
Dream Board, Inc. may, in its sole discretion, change, modify, suspend, make
improvements to or discontinue any aspect of the Website or the Services,
temporarily or permanently, at any time without notice to you, and Genesis
Dream Board, Inc. will not be liable for doing so. Without limiting the
foregoing, and notwithstanding anything contained in this TOS, Genesis Dream
Board, Inc. will have the right from time to time to change the amount of the
fees or institute new fees relating to the Services. Further, Genesis Dream
Board, Inc. may impose limits on the amount of storage space for Member
websites, or delete materials: (i) stored for an excessive period of time; (ii)
out-of-date materials; or (iii) relating to an inactive Member account. If you
do not agree with any changes made to the Website you may terminate your
account as set forth in Section 17(b).
17. TERMINATION. (a) By Genesis Dream Board, Inc.
will have the right in its sole discretion, for any reason or no reason at all,
without notice or liability to you or any third-party, to terminate your account
or your access to the Website or Services, with or without cause. Such reasons
may include, without limitation: (i) your breach of any part of this TOS, (ii)
your violation of the rights of any third-party; (iii) your membership account
becoming inactive for an extended period of time. (b) By You. If you are a
Member, you may terminate your account for any reason at any time by providing
notice to Genesis Dream Board, Inc. of your intention to do so, subject to this
TOS. (c) Effect of Termination. If your account is terminated, Genesis Dream
Board, Inc. may, in its sole discretion, delete any websites, files, graphics
or other content or materials relating to your use of the Website or Services
on Genesis Dream Board's servers or otherwise in its possession, and Genesis
Dream Board, Inc. will have no liability to you or any third party for doing
so. Following termination, you will not be permitted to use the Website or the
Services. If your account or your access to the Website or Services is terminated,
Genesis Dream Board reserves the right to exercise whatever means it deems
necessary to prevent unauthorized access to the Website or the Services,
including, but not limited to, technological barriers, IP mapping and direct
contact with your Internet Service Provider (ISP). If your account is
terminated, you must not complain to anyone. Regardless of whether you have the
right to access or use the Website or the Services, this TOS will survive
indefinitely unless and until Genesis Dream Board, Inc. chooses to terminate
it.
18. NOTICES AND ELECTRONIC COMMUNICATIONS. All
notices required by or permitted to be given under this TOS will be in writing
and delivered to the other party by any of the following methods: (i) hand
delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid,
(iii) overnight courier, or (iv) electronic mail. If you give notice to Genesis
Dream Board, you must use the address shown on the Website. If Genesis Dream
Board provides notice to you, Genesis Dream Board must use the contact
information provided by you to Genesis Dream Board. All notices will be deemed
received as follows: (i) if by hand-delivery, on the date of delivery, (ii) if
delivery by U.S. Mail, on the date of receipt appearing on a return receipt card,
(iii) if by overnight courier, on the date receipt is confirmed by such courier
service, or (iv) if by electronic mail, 24 hours after the message was sent, if
no "system error" or other notice of non-delivery is generated. Each
party agrees that any notice that it receives from the other party
electronically satisfies any legal requirement that such communications be in
writing.
19. ADDITIONAL TERMS. This TOS contains the entire
understanding of you and Genesis Dream Board regarding the use of the Website,
and supersedes all prior and contemporaneous agreements and understandings
between you and Genesis Dream Board regarding its subject matter. This TOS will
be binding upon each party hereto and its successors and permitted assigns, and
governed by and construed in accordance with the laws of the State of
Washington without reference to conflict of law principles. This TOS and all of
your rights and obligations under them (including, without limitation, your
membership, if any) will not be assignable or transferable by you without the
prior written consent of Genesis Dream Board. No failure or delay by a party in
exercising any right, power or privilege under this TOS will operate as a
waiver thereof, nor will any single or partial exercise of any right, power or
privilege preclude any other or further exercise thereof or the exercise of any
other right, power, or privilege under this TOS. You are a website visitor;
existing or potential customer of Genesis Dream Board and no agency,
partnership, joint venture, employee-employer relationship is intended or
created by this TOS. The invalidity or unenforceability of any provision of
this TOS will not affect the validity or enforceability of any other provision
of this TOS, all of which will remain in full force and effect.
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