General Terms
Welcome
The Genius of Caring website (www.geniusofcaring.com) the “Site” is owned and operated by, WeOwnTV, its assignees and successors, collectively “COMPANY”. Please read the following Terms and Conditions of Use (“Terms”) carefully before using the Site. By accessing, viewing or uploading content to the Site, and/or participating in or using any service offered on the Site (collectively and individually the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. Your use or continued use of the Site constitutes your agreement to the Terms, which may be updated by us from time to time without notice to you.
IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT USE THE SITE.
User Content
We encourage you to contribute content to the Site that shares your story (“User Content”). When you view User Content and comments submitted by other users, keep in mind that such User Content many not necessarily represent your own view or the view of this website or COMPANY. You assume all associated risks.
Your User Content
By submitting your User Content to the Site, you grant COMPANY a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, and display the User Content on the Site and in any media formats and through any media channels now known or hereinafter invented or discovered for any purpose consistent with the mission of COMPANY and specifically in the “The Genius of Marian” documentary, which may be posted to the Site and may also be exploited via any mean and media worldwide in perpetuity. Such license includes all rights and permissions to reproduce your likeness, name and any other personal information that you choose to submit as part of the User Content. You represent and warrant that you have all rights necessary to grant the foregoing rights and permission and that no infringement or violation of any third party rights, including copyright, right of publicity, or right of privacy, will result from the use of the User Content. You also grant each user of the Services a non-exclusive license to access your User Content. You understand that you will not be entitled to any compensation for the rights and release granted herein or for any use of the User Content and that COMPANY shall have no obligation to make any use of the User Content on the site or in the documentary film. You further understand and agree that COMPANY will act in reliance on these Terms and that therefore your agreement will be irrevocable. You hereby waive any rights to injunctive relief with regards to the Site and the documentary film.
While you do not have to include your name, your likeness, or any other specific information in the User Content you submit, if your User Content conveys your name, your likeness, or other identifying information, you understand that this information along with your User Content may be displayed on the Site. Accordingly, please review your User Content carefully prior to submission to ensure its accuracy and ensure it contains no information that you are not comfortable sharing.
Notwithstanding anything herein to the contrary, COMPANY cannot guarantee complete confidentiality or anonymity with respect to your User Content. You can disable access to your User Content by contacting us with a written request to disable access to your User Content, including sufficient details in your request to identify and disable such User Content. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you request the disablement of access to your User Content, we may not immediately delete copies from our active servers and may not remove information from our backup systems.
You retain all ownership rights in the User Content you submit.
COMPANY reserves the right, in its sole discretion, to monitor User Content and to reject, remove, or decline to post any User Content at any time, for any reason, without notice and at its sole discretion, including, without limitation, if it determines that User Content is inappropriate or fails to comply with these Terms. COMPANY has no responsibility for the backup of any User Content or any lost data resulting from the use, operation, or discontinuation of any aspects of the Services.
Unless specifically requested, COMPANY does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email made available on the Site). Accordingly, if you send COMPANY any information or creative works including, without limitation, idea submissions, suggestions, business plans, concepts, or demos in any media including photographs, graphics, audiovisual media, or other material (“Submitted Material”) you grant COMPANY a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, publish, translate, create collective works from, and distribute, display, license, and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented. If you send COMPANY any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send COMPANY any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize COMPANY to use Submitted Material as permitted by this license.
Proprietary Rights
As between you and COMPANY, COMPANY is the owner or licensee of all rights in the Site and its content and related software, excluding any User Content you submit. You have no rights to such content or software other than those expressly granted in these Terms. COMPANY, Site and the logos or other proprietary marks belong to COMPANY exclusively. No right, title or interest in those marks is granted in these Terms. Any third party trademarks or service marks displayed on the Site are the property of their respective owners.
Links and Online Listings
From time to time COMPANY may post on the Site (a) links to third party sites (“Links”); or (b) listings or descriptions of third party information, products or services (“Listings”). Such Links and Listings are provided WITHOUT WARRANTIES OF ANY KIND, FOR USE AT YOUR OWN RISK. You acknowledge and agree that COMPANY does not control or endorse any information, products, or services made available via Links or Listings, and is not responsible for the accuracy, reliability, quality, or legality of any such information, products, or services. COMPANY may remove any Links or Listings at any time for any reason or for no reason.
Modification of the Site
COMPANY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any portion thereof with or without notice. You agree that COMPANY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.
Limitations of Liability and Disclaimer of Warranties
THE SITE AND ALL INFORMATION, SERVICES, OR LINKS ON OR THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING. COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
WE DO NOT GUARANTEE THAT THE SITE WILL BE OR REMAIN SECURE, COMPLETE, OR CORRECT, THAT THE SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR THE SERVICES ARE FREE OF ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED. THE SITE MAY INCLUDE INACCURACIES, ERRORS, AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE UNAUTHORIZED ALTERATIONS TO THE SITE.
IN NO EVENT WILL COMPANY (OR ITS RESPECTIVE SUCCESSORS, SPONSORS, EMPLOYEES, OFFICERS, SUBSIDIARIES, JOINT VENTURES, AFFILIATES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, LICENSEES, SUPPLIERS, OR MEMBERS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY (INCLUDING DETRIMENTAL RELIANCE), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF INTELLECTUAL PROPERTY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION IN CONNECTION WITH YOUR USE OR ANY OTHER PARTY’S USE OR MISUSE OF THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATIS-FACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $100 US DOLLARS. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Release
If you have a dispute with one or more users, you release COMPANY (and successors, sponsors, employees, officers, subsidiaries, joint ventures, affiliates, agents, representatives, partners, licensors, licensees, suppliers, or members) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send COMPANY a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send COMPANY a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: COMPANY at 90A Mirabel Ave., San Francisco, CA 94110.
General Terms
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms or your use of the Site. The Terms constitute the entire agreement between you and COMPANY with respect to your use of the Site. COMPANY may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or transfer of its assets relating to this Terms. The Terms and the relationship between you and COMPANY shall be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue for any action under these Terms will be in the state and federal courts of San Francisco, California. You hereby accept the personal jurisdiction of such courts. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
Last updated: September 4th, 2014
