GENIOUS INC, terms of service
Last Updated: February 2017
The platform Genious Social located at the website https://www.genious.social, hereby referred to as the “Platform” is owned and operated by Genious, Inc. hereby referred to as “Genious”. Throughout the Platform, the terms “we”, “us” and “our” refer only to Genious. This website, including all information, tools and services, is only offered to be used by you (“the User”) upon your acceptance of all terms, conditions, policies and notices that will be described below.
Content is defined as any types of media produced by the Influencers (or produced by the Brand) that are meant to be distributed publicly to the end-users through Social Media or other Channels.
The usage of our “Service” is bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Platform, including - without limitation - users who are bloggers/influencers, brands, vendors, customers, content/campaign contributors and/or visitors.
Please read and review these Terms of Service and documents referenced herein (collectively, this “Terms of Service” or the “Genious Platform Agreement”) thoroughly and carefully before using the Platform.
By using/accessing any part of the Platform, you accept and agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you should stop accessing/using the Platform immediately. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. If you are acting on behalf of other (either a legal entity or other person), you represent that you have the authority to bind such person or legal entity.
Any new Contents/Features which are added to the Platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Platform except if prohibited by applicable law. Your continued use of the Platform or the Platform Services after the effective date of a revised version of this Agreement constitutes your acceptance of its terms and your agreement to be bound by these terms.
PURPOSE OF THE SITE AND SITE SERVICES
The Platform is a platform where brands and content creators (each, an “Influencer”) can identify/find and connect with each other, as well as enter into a Collaboration Agreement for the purpose of creating promotional online media content for products or services. Subject to the terms of these Terms of Service, Genious provides the Platform’s services to brands, agencies, and influencers, including hosting and maintaining the Platform, enabling the creation of Collaboration Agreements, and managing any disputes related to those Collaboration Agreements. If a brand and influencer agree on the terms of the Collaboration, a Collaboration Agreement is formed directly between such brand and influencer. When the brand and the influencer enter a Collaboration Agreement, they use the Platform to coordinate the Collaboration, as well as manage the collaboration schedule and payment.
Influencers marketing their services through the platform are independent organizations and not contractors, agents or employees of Genious. Genious is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any influencer or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom and takes no responsibility whatsoever for campaigns created by influencers.
ADDITIONAL USER TERMS
In addition to the Terms of Service, as an additional condition to use the Platform, depending on your role as a brand or influencer, you also agree to the Brand-Specific Terms and to the Influencer-Specific Terms.
USAGE OF THE SITE
You may not use the Platform for any illegal or unauthorized purpose which may violate any laws in your jurisdiction of residence (including but not limited to copyright laws).
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your written consent to allow any of your minor dependents to use this site. By agreeing to these Terms of Service, you also represent that you are competent to enter into the agreements, conditions, terms, obligations, representations and warranties set forth in these Terms of Service and are able to comply with these Terms of Service.
A breach or violation of any of the Terms will result in an immediate termination of your services. For any reason, including the violation of the Terms of Service, we also reserve the right to deny or reject access to the Platform and our Service to anyone at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
No duplication, reproduction, or resale transactions of any portion of the Service, use of the Service, or access to the Platform are allowed without express written permission by us.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THE SITE
We are not responsible if information made available on this Platform is not accurate, complete or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Platform is at your own risk.
SIGN UP & REGISTRATION PROCESS
You agree to provide truthful, accurate and complete information on all registration and other forms during the Sign-Up process (“Sign Up Data”), and to continuously update that information to be truthful, accurate and complete. Inaccurate/intentionally incomplete information may result in termination of your access to the Platform and our Service. Registering for more than one user account per person is prohibited except if written permission is obtained from us.
When you register for an account on our Platform and from time to time thereafter, your account may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity. You authorize Genious to, directly or through third parties, make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. Failure to provide us information about yourself and your business when requested is a violation of these Terms of Service. We do not guarantee the authenticity of the identity or the status of any users of Genious. You acknowledge that other users of Genious may be acting deceptively or acting without authority.
When you register for an account on the Platform, you will be asked to choose a username and password for the account (“Login Information”). You agree to protect and safeguard your Login Information and notify us immediately in case the information becomes compromised.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
You acknowledge and agree that a percentage of the compensation Genious receives for making the Platform available to you is collected as a deduction of the Service Fee. Genious only deducts this Service Fee when a brand and an influencer pay and receive payment through the Platform. Therefore, for 6 months from the time you identify or are identified by any party through the Platform (the “Exclusivity Period”), you must use the Platform as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party.
You agree not to circumvent the Payment Methods offered by the Platform. By way of illustration and not in limitation of the foregoing, you must not: Submit collaboration proposals or solicit other parties identified through the Platform to contact, hire, manage, or pay outside the Platform. Accept collaboration proposals or solicit parties identified through the Platform to contact, deliver services, invoice, or receive payment outside the Platform. Invoice or report on the Platform or in an Opt-Out Fee request an invoice or payment amount lower than that actually agreed between brands and influencers. PAYMENT
All amounts listed on Genious are denominated in United States Dollars (USD).
Before you are completing a Collaboration Agreement on the Platform (ideally, when you sign up) you are required to provide the following information : - Full Legal Name - Physical Address - Tax-related Information (depending on Jurisdiction) - Other Information as required by applicable law
Genious reserves the right to charge credit cards or otherwise process payment for services rendered. The user agrees to pay any fees accrued by using the services.
FORMAL INVOICES AND TAXES
Genious shall have no responsibility for determining the necessity of, or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the influencer fees. Influencers shall be solely responsible for determining whether it is required by applicable law to issue any formal invoices for the influencer fees, or for issuing any invoices so required.
THIRD PARTY TOOLS AND LINKS
From time to time, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
USER COMMENTS, FEEDBACK, RATINGS AND OTHER SUBMISSIONS
Through our site, Genious encourages you to leave objective balanced feedback about brands or influencers with whom you have collaborated. You acknowledge that feedback results for you may consist of comments and ratings left by other users and that Genious may calculate a composite feedback number based on the compilation of these individual ratings.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service, or any related website. You may not use a false user or/and pretend to be someone other than yourself or/and otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
When sharing any Genious-related posts on various social media platforms such as Instagram, Facebook, YouTube, Path, Twitter, Pinterest and other platforms, you agree to conform to the site’s respective terms and policies.
ERRORS, INACCURACIES AND OMISSIONS
The materials appearing on the Platform could include technical, typographical, or photographic errors. Genious does not warrant that any of the materials on its web site are accurate, complete, or current. Genious may make changes to the materials contained on its web site at any time without notice. Genious does not, however, make any commitment to update the materials. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel collaborations at any time without prior notice, if any information in the Service or on any related website is inaccurate.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The materials on the Platform are provided “as is”. Genious makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Genious does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this Platform.
You agree to indemnify, defend and hold harmless Genious and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platform.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Genious shall also charge brands the full dollar amount of a subscription that was agreed upon prior to engaging in the use of the Platform and our Service, in the case that the brand decides to cease the use of the Platform or Service before the previously-set end date of the brand’s subscription to Genious.
Genious does not offer any cancellation or refunds during the agreed upon time frame as stated on the payments section of the user’s account.
Should the user terminate the agreement prior to the end of the agreed terms of activation, the user agrees to forfeit the remaining balance in full.
We reserve the right to change the terms of engagement at any time with sufficient prior notice.
You won’t be entitled to a refund or credit from us under any circumstances. We may, at our sole discretion, offer a refund, discount or credit.
Any claim relating to Genious’s Platform and Service shall be governed by the laws of Republic Of Lebanon and all claims concerning this Agreement shall be brought exclusively before the courts of Beirut, without regard to its conflict of law’s provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of Beirut in Lebanon for the resolution of any such dispute.