GeniesTM Terms of Service
GeniesTM Terms of Service
Revised and effective: 8 December 2017
Welcome to GeniesTM!
Thanks for using the Genies services (including its website, and mobile and web-based applications, and any other related and products and services provided by Genies) (collectively, the “Services” or “Genies Services”). The Services are provided by Genies, Inc. (“Genies”, “we,” “our,” or “us”), located at 8605 Santa Monica Blvd #22702
West Hollywood CA 90069.
By using our Services, you are agreeing to these Terms of Service (“Terms”). Please read them carefully. Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. If additional terms or conditions are available with the relevant Services, then those additional terms become part of your agreement with us if you use those Services. By accessing or using the Services, you intend and agree to be legally bound by these Terms. You may wish to print or save a local copy of the Terms for your records.
YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF SERVICE LIMIT GENIES’S LIABILITY AND THAT YOU ARE RELEASING GENIES FROM VARIOUS CLAIMS IN SECTION 9 BELOW. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 14 THAT AFFECT YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICES.
1. Using our Services
Don’t misuse our Services. For example, don’t interfere with our Services, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping). You may use our Services only for your personal non-commercial use, and as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access through them (“Content”). You may not use content from our Services, except as permitted by its owner or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services, including the Genies name and logo. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some Content that is not our own, for example, Content belonging to our advertisers or other users (including businesses and other third parties that use our Services to distribute Content). Genies is not responsible for, and you waive all of Genies’s liability with respect to, this Content. This Content is the sole responsibility of the individual or entity that makes it available to you via the Service. We may review Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications, for example, by clicking on the “unsubscribe” link in marketing e-mails or disabling notifications for the Genies Service in your Genies Services settings. Please be aware that there may be a brief period before we are able to process your opt-out.
Some of our Services utilize SMS/iMessage, which may cause you to incur SMS or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the SMS/iMessage features of the Services. When you send SMS/iMessage messages using the Genies Service, you represent and warrant you have the recipient’s prior consent to send him or her messages.
You acknowledge and agree that Genies is not responsible for the availability or activity of the Service, and does not endorse any advertising, products, or other materials provided to you by Genies. You acknowledge and agree that we are not liable for any loss or damage which you may incur you as a result of interacting with Genies.
2. Your Genies Account
You need an account in order to use the Genies Service. You agree that all registration information you give us will be accurate and current. You will timely notify us of any changes to any of the foregoing information. You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your Services password, or on which you enable a "Remember Me" or similar functionality ("Activated Device"). Accordingly, you agree that you will be solely responsible for all activities that occur under your Services accounts, including the activities of any individual with whom you share your Services account or an Activated Device.
To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. If you learn of any unauthorized use of your password, please contact us at firstname.lastname@example.org
3. Privacy and Feedback
If you submit feedback or suggestions about our Services, you agree that we may use your feedback or suggestions without obligation to you.
4. Content You Submit or Share
You may submit, upload, and share videos, pictures, text and other content to or through the Genies Service (“Your Content”), and in doing so you must follow these Terms and the rules and policies referenced in these Terms.
You retain ownership of any intellectual property rights that you hold in Your Content. In short, what belongs to you stays yours. When you upload, submit, or otherwise share Your Content to or through our Services, you give Genies (and those we work with) a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, store, reproduce, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, display and distribute Your Content in connect with operating and improving our Services. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
We may publicly display your profile information, posts, and actions you take on the Genies Service. You may request Genies to delete any information that you submit to the Genies Service by sending us an email at email@example.com
. To the extent within our control we’ll remove the information from public display and mark it for future deletion if permitted by applicable law; however, it may persist in backup or residual copies for a reasonable period of time (but will not be available to other users through the Services). For purposes of clarification, once you submit or share Your Content with others via the Service, we no longer have control over that content and will not be able to delete it or prevent them from using it.
You agree that you will not use the Services to:
- Violate law or a third-party’s rights;
- Submit excessive or unsolicited commercial messages or spam any users;
- Submit malicious content or viruses;
- Solicit other people’s login information, credit card numbers, or other sensitive information;
- Harass or bully other users; or
- Post content that is hate speech, threatening or pornographic, that incites violence or that contains nudity or graphic or gratuitous violence.
5. Intellectual Property Protection
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others, and require our users and customers to do so. If you are a copyright owner or its agent and believe that any content residing on or accessible through the Services infringes upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (the “Designated Agent”) with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
- Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. After removing material in response to a valid DMCA notice, we will notify the user responsible for the allegedly infringing material that we have removed or disabled access to the material. We will terminate, under appropriate circumstances, users who are repeat copyright infringers, and we reserve the right, in our sole discretion, to terminate any user for actual or apparent copyright infringement.
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with us by providing the following information to the Designated Agent at the address below:
- The specific URLs of material that we have removed or to which we have disabled access.
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of U.S. District Court for the Northern District of California and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- Your signature.
Upon receipt of a valid counter-notification, we will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Services.
The contact information for our Designated Agent is:
- Genies, Inc.
- Legal Department
- Attention: Copyright Agent
- 8605 Santa Monica Blvd #22702
West Hollywood CA 90069
If you believe that any of your intellectual property rights other than copyrights have been infringed, please e-mail us at firstname.lastname@example.org . We reserve the right, in our sole and absolute discretion, to suspend or terminate any user who infringes the intellectual property rights of Genies or others, and/or to remove, delete, edit or disable access to such person’s content. You agree that we have no liability for any action taken under this section.
6. About Software in our Services
You may be required to download software to use the Services (such as a mobile or desktop app) and the Services may include software (collectively, “Software”). You agree that we retain the ownership of all rights, title, and interest in and to the Software. Software may update automatically on your device once a new version or feature is available.
Genies gives you a personal, non-commercial, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software to access the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or Software, nor may you reverse engineer or attempt to extract the source code of the Services or Software, unless laws prohibit those restrictions or you have our written permission.
There are software programs contained within certain Software that have been licensed to us by third parties. The term "Software" as used herein shall refer to this third-party software except where the term “Software” is used in the context of our ownership. The same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to each third-party software program contained in the Software. You acknowledge and agree that any third-party components are owned by their applicable licensors. We do not make any representations or warranties about the operation or availability of such third-party software. Neither Genies, nor its licensors, shall be liable for any unavailability or removal of such third-party software. Genies is not responsible for any communications to or from such licensors, or for the collection or use of information by such licensors. You consent to the communications enabled and/or performed by such third-party software, including automatic updating of the third-party software without further notice. You agree that such third-party software licensors are intended third-party beneficiaries under these Terms.
7. Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, at any time, without any notice or liability.
You can stop using our Services at any time, although we’ll be sorry to see you go. We may also stop providing Services to you, or add or create new limits to our Services, at any time.
Sections 8 – 14 will survive termination or expiration of these Terms indefinitely.
8. Our Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER GENIES NOR ITS LICENSORS, SUPPLIERS, ADVERTISERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.
9. Liability for our Services
WHEN PERMITTED BY LAW, GENIES (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GENIES (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES RELATING TO PROVIDING YOU THE SERVICES, GENIES (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.
BY USING A GENIE, YOU ACKNOWLEDGE THAT GENIES HAS NO RESPONSIBILITY OR LIABILITY WHATSOEVER WITH RESPECT TO SUCH GENIE OR YOUR USE THEREOF.
YOU ARE SOLELY RESPONSIBLE FOR YOUR CONDUCT RELATED TO YOUR USE OF THE GENIES SERVICE, NOTWITHSTANDING THE GENIES SERVICE SUGGESTING THAT YOU TAKE ANY SPECIFIC ACTION, AND YOU ARE RESPONSIBLE FOR ENGAGING IN ANY SUCH CONDUCT IN A SAFE, LAWFUL, AND NON-NEGLIGENT MANNER. GENIES DISCLAIMS ALL LIABILITY RELATING TO YOUR ACTIONS RELATED TO YOUR USE OF THE GENIES SERVICE.
YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS GENIES, THEIR AFFILIATES, AND ITS AND THEIR SUCCESSORS AND ASSIGNS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “GENIES PARTIES”) FROM, AND AGREE NOT TO SUE ANY GENIES PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY GENIES PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE GENIES SERVICE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE
RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542.
10. Business/Employer Uses of our Services
If you are using our Services on behalf of a business or employer, you are accepting these Terms on their behalf, and that business or employer agrees to be bound by these Terms.
You hereby agree to indemnify, defend, and hold harmless Genies its affiliated companies, and its and their respective directors, officers, employees, agents, representatives, partners, contractors, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys' fees), resulting from or arising out of your actual or alleged breach of these Terms, any content you provide through the Services, or your use or misuse of the Services. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our wrongful acts or omissions.
12. About these Terms
We may modify these Terms or any additional terms that apply to a Service for any reason, for example, to reflect changes to the law or changes to our Services. You should look at the Terms regularly and the date at the beginning of these Terms. We’ll use reasonable efforts to give you notice of these modifications, like posting notice of modifications to these Terms on our web page ( http://genies.com
), through the Genies Service, or via email. By continuing to use the Service after we make these modifications, you agree that you will be subject to the modified Terms. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these Terms and any additional terms for a Service, the additional terms will control for that conflict.
These Terms control the relationship between Genies and you. They do not create any third-party beneficiary rights (except in the limited case of Section 13). If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the United States and the State of Delaware, excluding Delaware’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Services.
You may not assign or delegate your rights or obligations relating to these Terms or your account for the Services without our prior written consent. We may assign these Terms or assign or delegate any of our rights or obligations at any time.
For information about how to contact Genies please visit our contact page at:
13. Third Party Terms
You agree that in addition to these Terms, your use of the Genies Service is subject to the usage rules set forth in Apple’s App Store terms of service, if you download our app from the App Store, or in Google’s Play terms of service, if you download the app from Google Play, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download the Genies Service or otherwise access the Services.
Without limiting the generality of the foregoing, if you downloaded the Genies Service from Apple, you and Genies acknowledge and agree to the following: This agreement is concluded between you and Genies only, and not with Apple Inc. (“Apple”). Genies, not Apple, is solely responsible for the app and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Genies’s sole responsibility. Genies, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and/or use of the app, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and upon your acceptance of the terms and conditions of the agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the agreement against you as a third-party beneficiary thereof.
14. Binding Arbitration
Without limiting your waiver in Section 9, you agree to the following:
a. Purpose. Any and all Disputes (as defined below) involving you and Genies will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 14 (the "Arbitration Provision") shall be broadly interpreted.
b. Definitions. The term "Dispute" means any claim or controversy related to the Service or the Software, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, "Genies" means Genies and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the Services or the Software.
c. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). You may deliver any required or desired notice to Genies by mail to Genies, 8605 Santa Monica Blvd #22702
West Hollywood CA 90069.
d. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or Genies may bring an individual action in a small claims court in the area where you access the Service(s) if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
e. Arbitration Procedures.
This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Genies about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website ( www.adr.org
) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern. If the AAA will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute. Unless you and Genies agree otherwise, any arbitration hearing will take place in San Francisco, CA. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
f. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
g. Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be governed by the AAA rules. If your claims seek less than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be Genies’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the AAA’s fees and costs shall be governed by the AAA Rules and you shall reimburse Genies for all fees and costs that were your obligation to pay under the AAA Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, Genies will pay all fees and costs that it is required by law to pay.
h. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND GENIES AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.
i. Continuation. This Arbitration Provision will survive the termination or expiration of these Terms.
Revised and effective: 8 December 2017
Thank you for using Genies
explain our data collection, use, and disclosure practices for the Genie services (including its website, and mobile
and web-based applications, and any other related and products and services provided by Genies) (collectively, the
“Services”). The Services are owned and operated by Genies, Inc., a Delaware corporation (“we”, “us” or “our”).
Genies is a service which provides personal mini clones that look and think just like you.
us online or offline by customers or users of the Services; however, it does not apply to information collected from
our employees, contractors, or vendors. It also does not apply to information that you share with third parties via
the Services (including scenes shared on third-party services from the Genies app).
- Personal and other information we collect about you;
- How we use your information;
- How we may share your information with third parties; and
- Your choices regarding the personal information we collect about you.
do not access or use the Services. Information gathered through the Services may be transferred, used, and stored
in the United States or in other countries where our service providers or we are located. If you use the Services,
you agree to the transfer, use, and storage of your Personal Information (as defined below) in those countries. The
data protection and other laws of the United States and other countries might not be as comprehensive as those in
your country. You agree that all transactions relating to the Services or Genies are deemed to occur in the United
States, where our servers are located.
2. Collection of Your Personal and Other Information
When you register for, or use our Services, we collect Personal Information. By “Personal Information” we mean information
that can identify an individual, such as:
- Personal or business addresses;
- Email addresses;
- Phone numbers; and
- Information contained in any image, photograph or profile you submit to us.
Our Services may integrate with social media platforms, including Snapchat, Facebook Messenger, and Instagram. When you connect
a social media account to our Services, then we may collect information about that social media account and share
information with that social media account as described in the connection process. This collected information may
include, but is not limited to, your name, email address, demographic information from your profile, friend lists,
postings or other content, and your profile picture. You acknowledge and agree that Genies is not responsible for
the data collection or use practices of any such connected social media platform. You should read each social media
Certain aspects of the Services may also access certain features of your mobile device, including its camera, location services
(GPS), microphone, and contacts, and collect information from those features, such as photographs, videos, your precise
location, audio recordings, and contact information. You consent to this access.
You may choose not to provide Personal Information or prevent the Services from accessing certain features of your mobile
device (subject to the controls offered by your mobile device’s operating system), but this may prevent you from
receiving certain Services.
We also collect non-Personal Information relating to the Services, that is, information that does not personally identify
an individual. The non-Personal Information we collect includes how you interact with the Services, information generally
collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about
your web browser or device accessing or using the Services.
Examples of the non-Personal Information we collect are:
- Your Internet Protocol (IP address);
- Information about your mobile device, such as its maker or operating system version, and HTTP header information;
- The pages of our website that you viewed during a visit or the features of the Blend mobile app you use;
- What information, content or advertisements you view or interact with using the Services;
- Language preferences;
- The city and state in which you are located (but not your precise geographic location); and
- Unique identifiers, meaning arbitrary codes or series of characters we create or are provided from a third party
to identify unique users or devices without Personal Information.
We will not use non-Personal Information to try to identify you, and if we associate any non-Personal Information with information
that personally identifies you, then we will treat it as Personal Information. As discussed in more detail below,
Information collected by the Services may be collected by us or one of our service providers, but in either case, this Privacy
Policy will govern the collection, use, and sharing of the information.
3. Use of Your Information
We may use the information we collect to:
- Assist us in providing, maintaining, and protecting the Services;
- Set up, maintain, and protect accounts to use the Services;
- Improve our online operations;
- Process transactions, such as providing gifts to other Service users;
- Provide customer service;
- Communicate with you, such as provide you with account- or transaction—related communications, or other newsletters,
RSS feeds, and/or other communications relating to the Services;
- Send or display offers and other content that is customized to your interests or preferences;
- Perform research and analysis aimed at improving our products and services and developing new products or services;
- Manage and maintain the systems that provide the Services.
4. Disclosure of Your Information
We may disclose your Personal Information to third parties as described below.
We may disclose Personal Information to provide the Services, or when you authorize or instruct us to do so, for example
when you use the Services to create your Genie and we make this Genie available to other users who have you in your
contacts to add into a scene. The Services are a social experience, so we may disclose your interactions with the
Services to social media platforms, as described in Section 2, above. We may also disclose Personal Information and
non-Personal Information to companies, agents, contractors, service providers, or others engaged to perform functions
on our behalf (such as processing of payments, provision of data storage, hosting of our website, marketing of our
products and services, conducting audits, and performing web analytics).
their use of your information, which may include marketing of other products or services to you. You should read
We may also disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion,
that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Services, including
investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable
governmental request, (c) protect the rights, property or safety of us, our users or other third parties, (d) prevent
a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues.
Finally, we reserve the right to transfer information (including your Personal Information) to a third party in the event
of a sale, merger, or transfer of all or substantially all of the assets of our company relating to the Services,
or in the unlikely event of a bankruptcy, liquidation, or receivership of our business. We will use commercially
reasonable efforts to notify you of such transfer, for example via email or by posting notice on our website.
Lastly, we may also disclose non-Personal Information, anonymously aggregated with information about our other users, to
our clients, business partners, merchants, advertisers, investors, potential buyers and other third parties if we
deem such disclosure, in our sole discretion, to have sound business reasons or justifications.
5. Cookies and Automatic Gathering of non-Personal Information
Every time you use the Services (e.g., access a Service webpage, navigate to a specific page within the Service mobile app),
we collect non-Personal Information (discussed above in Section 2) regarding that use. For example, to improve our
Services, we collect how, when, and which parts of the Services or its features you use, which social media platforms
you connect to the Services, and when, how, and what you post to the social media platforms through the Service app.
Also, we may use your device’s unique identifier (UDID), media access control address (MAC Address), or other unique
identifiers to assist us in collecting and analyzing this data.
To assist us in collecting and storing this non-Personal Information, we may employ a variety of technologies, including
“Cookies,” local browser storage, and “Web Beacons.” A “Cookie” is a small amount of data a website operator may
store in your web browser, that the website operator can access when you visit its website (or any other content
it hosts, which may be embedded in other websites). A Cookie may also refer to web-browser-based storage provided
by Adobe’s Flash plugin (a “Flash Cookie”). The Service’s Cookies may contain user preferences, unique identifiers,
and other non-Personal Information. A “Web Beacon” is a small, usually-transparent image placed on a web page that
allows the operator of that image to read or write a Cookie.
Subject to the controls offered by your operating system and web browser, you can erase information stored in Cookies, Flash
Cookies, and local browser storage at any time, but you may be forced to login to the Services again and you may
lose some preferences or settings. You can also set your browser to refuse all website storage or to indicate when
it is permitted, but some features of our Services may not function properly without it.
More information about managing Cookies is available
Cookie management tools provided by your browser may not affect Flash Cookies. More information about managing
Flash Cookies is available
To learn how to manage privacy and storage settings for your local browser storage, please refer to the
end user documentation for your browser.
We may use third parties to help us collect the information described in this section.
6. Transparency and Choice
You may request access to your Personal Information by sending an email to
. We will try to locate and provide you with your Personal Information and give you the opportunity
to correct this data, if it is inaccurate, or to delete it, at your request. But, in either case, we may need to
retain it for legal reasons or for legitimate business purposes. You may also remove any content that you post to
the Services using the deletion or removal options within the Service. However, we (and you) are not able to control
information that you have already shared with other users.
If you need further assistance with removing any content you posted through the Services, you can email us at email@example.com
Removal of your posted content may not ensure complete or comprehensive removal from our computer systems.
We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before
processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic,
require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical (for
instance, requests concerning information residing on backups), or relate to information that is not associated with
your Personal Information. In any case, where we provide information access and correction, we perform this service
free of charge, except if doing so would require a disproportionate effort.
Please be aware that if you request us to delete your Personal Information, you may not be able to continue to use the Services.
Also, even if you request that we delete your Personal Information, we may need to retain certain information for
a limited period of time to satisfy our legal, audit and/or dispute resolution requirements.
We may use third-party service providers that collect information for interest-based advertising purposes. To learn more
about these third parties and the choices they offer users, please visit the Network Advertising Initiative’s
or the Digital Advertising Alliance’s
mobile choices program
We support the development and implementation of a standard "do not track" browser feature that provides customers with control
over the collection and use of information about their web-browsing activities. Once a standardized "do not track"
feature is released, we intend to adhere to the browser settings accordingly.
You can opt out of receiving marketing e-mails from us by clicking on the “unsubscribe” link in the e-mails. Please note
that it may take up to ten (10) business days for your opt-out request to be processed. Also, even if you opt out
of marketing e-mails, we may continue to send you certain account-related e-mails, such as notices about your account
and confirmations of transactions you have requested.
The Services are not intended for users under 13 years of age. We do not knowingly collect Personal Information from users
under 13 years of age. We do not authorize users under 13 years of age to use the Services.
8. Information Security
We utilize reasonable information security measures to safeguard your Personal Information. However, no data transmission
over the Internet and no method of data storage can be guaranteed to be 100% secure. Therefore, while we strive to
use commercially acceptable means to protect your Personal Information, we cannot guarantee its security.
9. Your California Privacy Rights
A California resident who has provided Personal Information to a business with whom he/she has established a business relationship
for personal, family, or household purposes (“California Customer”) is entitled to request information about whether
the business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes.
In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a California
Customer, the business is required to provide a list of all third parties to whom Personal Information was disclosed
in the preceding calendar year, as well as a list of the categories of Personal Information that were disclosed.
However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses
for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as
the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer
of his or her right to prevent disclosure of Personal Information to third parties for direct marketing purposes
and providing a cost free means to exercise that right. To prevent disclosure of your Personal Information for use
in direct marketing by a third party for its own purposes, do not opt in to or authorize such use when you provide
Personal Information through the Services. Please note that whenever you allow your Personal Information to be shared
with a third party to communicate with you (including Genies), your information will be subject to that third party’s
information to determine how that entity will handle your information.
California Customers may request further information about our compliance with California’s privacy law by e-mailing firstname.lastname@example.org
Please note that we are only required to respond to one request per customer each year, and we are not required to
respond to requests made by means other than through this e-mail address.
10. Third Party Websites.
Please note that the Services may link or integrate with third-party sites, services or apps. We are not responsible for
the privacy or security policies or practices or the content of such third parties. Accordingly, we encourage you
to review the privacy and security policies and terms of service of those third parties so that you understand how
those websites collect, use, share and protect your information.
11. Changes to this Policy.
or posting a notice of the changes on our website or through the Service’s mobile app prior to the changes becoming
- Legal Department
- Attn: Privacy Agent
- Genies, Inc.
- 8605 Santa Monica Blvd #22702
West Hollywood CA 90069