Terms & Conditions
Please read carefully
Thank you for visiting this Genfoot Web Site (the “Site”). The Site includes a networking service operated by Genfoot, Inc. (“Genfoot”) to allow users to share experiences and communicate their thoughts and opinions. In light of the complexities governing the use and operation of websites, we have set forth below a series of Site Access and Use Terms and Privacy Policies (collectively, “Terms”) that apply to access to and use of the Site. We hope that you will understand that, in the complex legal world of the internet, website access and use terms are required. We have also included below, as part of the Terms, an identification of our agent for receipt of notice regarding copyright claims and other communications regarding the Site.
BY CHOOSING TO ACCESS AND USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS
1. OWNERSHIP OF TRADEMARKS, COPYRIGHTS AND OTHER PROPRIETARY RIGHTS
All trademarks, service marks, certification marks, trade names, trade dress, copyrights, patent rights, rights of publicity and other proprietary rights in or associated with the Site, the Site Contents and Site Code are the properties of Genfoot, its owner(s), affiliated entities, licensors or third-party suppliers of products, services or Content. Nothing in these Terms or any Site Contents convey an ownership interest or a non-terminable license in any trademarks, service marks, trade names, trade dress, copyrights, patent rights, rights of publicity and other intellectual property or proprietary rights in or associated with the Site, the Site Contents or the Site Code. As used in these Terms, "Site Code" and “Code” mean any and all underlying elements of the Site, including, but not limited to source code, object code, and other sets of statements or instructions that relate to the operation or functions of the Site.
2. SUBMISSIONS AND USER GRANT OF LICENSE
Due to legal or practical requirements, we cannot provide compensation for, agree to consider, or agree in advance to keep confidential, any creative ideas, suggestions, text, designs, items, images, designs, illustrations, icons, logos, information or any other type of content placed on the Site (all collectively referred to as “Content”). In order to avoid confusion and unmanageable situations, you must agree that all Content submitted by you via the Site or through any contact information provided in the Site (e.g., addresses, e-mail addresses, telephone numbers, links) is provided with a paid-up, perpetual, non-exclusive license, effective everywhere, to Genfoot to consider, retain, copy, use, publish, display, delete, distribute, modify, edit, performs, disclose and otherwise exploit the Content, at Genfoot’s sole discretion, and to authorize others to do so. Genfoot may, in its sole discretion, determine that a particular submission should be kept confidential. Any or all of these license rights can be assigned and sublicensed by Genfoot and they apply to all manner of copying, display, distribution, transmission, storage, recording or other media or means of exploitation now known or hereafter conceived.
PLEASE NOTE that once you hit “Submit” you will not have the ability to edit or delete any Content you have submitted.
Unless expressly stated otherwise in writing by Genfoot, Genfoot does not necessarily control third-party sites that may be linked to or from the Site. Genfoot cannot monitor or otherwise evaluate such sites, and Genfoot is not responsible for any of their contents, features, codes, underlying materials, terms of access or privacy policies. Even if you are linked to a web page other than the front page of the linked site, you are responsible for checking that site's terms and conditions of access and use, as well as the site’s privacy policies. Materials on other sites may be subject to proprietary rights and other restrictions. LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY AND THEIR USE IS AT YOUR SOLE DISCRETION AND RISK. Genfoot is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy or appropriateness of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All links to the Site or any of its pages require the prior express written consent of Genfoot.
4. PUBLIC COMMUNICATIONS, FORUMS AND INTERACTIVE FEATURES
The Site may provide blog areas and other features for communications and postings. Such features are referred to herein as “Visitor Features.” Genfoot may, in its sole discretion and without advance notice, discontinue provision of any Visitor Features to any or all Site visitors and may, in its sole discretion, remove any Content provided by a Site visitor. Please be sure to exercise caution in deciding whether to post particular Content. Such posting must comply with these Terms and any applicable laws and regulations.
We hope that all of those who use and have access to the Site will follow the Terms and otherwise conduct themselves properly. However, we cannot be responsible for monitoring, verifying or substantiating Content or Code provided by users of the Site. Also, the appearance of any particular product, service, opinion, statement or other Content on the Site does not necessarily mean that Genfoot endorses, sponsors or recommends it. Therefore, you agree that neither Genfoot nor any of its employees or contractors shall be liable to you for any breach of the Terms by Site users or for other injurious behavior engaged in by entities who use or gain access to the Site, its Contents or Code. Also, any Content provided by a Site Visitor is also subject to the grant of rights set forth in Section 3 of these Terms.
Users of Visitor Features are bound by and must comply with the Terms and all applicable laws and regulations. For example, users agree NOT to do the following
(a) Transmit any Content that is damaging, disruptive, obscene, unlawful, inaccurate, defamatory, illegal or otherwise objectionable to Genfoot, including but not limited to, communications that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual;
(b) Impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy or violate the personal or proprietary right of any person or entity;
(c) Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations having the force of law, while you are using or accessing any Visitor Features;
(d) Infringe the copyrights, trademarks, or otherwise injure the personal or proprietary rights of any person or entity;
(e) Modify, without proper authorization, Content provided by another user.
5. MINORS AND CHILDREN UNDER THE AGES OF THIRTEEN AND MINORS UNDER THE AGE OF EIGHTEEN
Our site is operated on the principles of commercial responsibility and care for our customers. However, as with any access to information, communication technologies and commercial transactions, we want to ensure that younger uses are properly protected and supervised.
Minors must be supervised by a parent or legal guardian, and the parent or guardian must agree on their behalf, and on behalf of the minor, to these Terms. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to post to the Site. If you are under 13, please do not attempt to post or send any information about yourself to us, such as your name, address, telephone number, or e-mail address. If you become aware that we have collected personal information from a child under age 13 without verification of parental or guardian consent, please provide notice to us at the address provided in Section 10, below.
Also, if you are under the age of 18, please be sure that your parents or guardians are aware of and agree to your access to, use of and activities on the Site.
6. YOUR LICENSE REGARDING THE SITE
Your compliance with the Terms provides a limited, terminable license regarding access to and use of the Site Contents in accordance with these Terms.
In addition to compliance with the other provisions of these Terms, you agree:
(a) Not to alter any Site Content without Genfoot’s express, written permission or use any Site Content in a manner specifically prohibited by, or not expressly authorized by, these Terms;
(b) To use the Site Contents for your own informational purposes only. For example, unless expressly authorized byGenfoot, you agree not to place any Site Contents on a network and will not use any Site Contents to advertise or otherwise promote any products, services or political positions;
(c) Not to copy, distribute, reverse engineer, decompile, disassemble, modify, disclose or otherwise use any Site Code without the express written permission of Genfoot; In addition, you agree not to combine or associate the Content or excerpt with any other material, e.g., as part of a derivative work, collective work or compilation;
(d) Genfoot may, solely in its own discretion and without advance notice, revoke the limited license regarding all of the Site Contents or with respect to specific images, texts, other Site features or Site Code. If requested by Genfoot, you agree to cease using and/or to destroy any copies of the subject Content or Code;
(e) Unless expressly permitted in writing from Genfoot, you will not frame, link, associate with advertisements (e.g., pop-ups) or commercially exploit the Site, Site Contents or the Site Code; and
(f) You are responsible for ensuring that other parties that have access to the Site, Site Content or the Site Code through our system or equipment, or through your actions or inactions, agree to and comply with these the Terms.
(g) All rights not expressly granted to you by these Terms are reserved by Genfoot, its owner(s), affiliated entities or its licensors.
7. WARRANTY DISCLAIMERS, DAMAGE LIMITATION, INDEMNIFICATION
THE SITE, OPERATION OF THE SITE CODE, SITE CONTENTS (INCLUDING BUT NOT LIMITED TO LINKED SITE CONTENTS), AS WELL AS THE OPERATION OF AND EFFECTS OF ACCESS TO THE SITE AND LINKED SITES, ARE PROVIDED “AS IS.” GENFOOT, ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS, SUPPLIERS, AGENTS, AND CONTRACTORS SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY, EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO, WARRANTIES OF: (1) SUITABILITY FOR ANY PARTICULAR PURPOSE; (2) MERCHANTABILITY; (3) COMPLETENESS; (4) ACCURACY; (5) NON-INFRINGEMENT; (6) INJURY TO PERSONAL OR PROPRIETARY RIGHTS; AND (7) FREEDOM FROM TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES, AND OTHER HARMFUL COMPONENTS.
IRRESPECTIVE OF WHETHER A CLAIM IS BASED UPON CONTRACT, NEGLIGENCE, TORT OR OTHER PRINCIPLES, AND IRRESPECTIVE OF WHETHER THEY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, GENFOOT, ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS, SUPPLIERS, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, OR DAMAGES FOR BUSINESS DISRUPTION OR LOSS OF INFORMATION.
PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES. THEREFORE, SOME OF THE ABOVE TERMS MAY BE INAPPLICABLE TO PARTICULAR CIRCUMSTANCES.
8. PRODUCTS AND SERVICES
9. CHANGES TO SITE, TERMS AND OWNERSHIP
Genfoot reserves the right, at its sole discretion, without advance notice, to change, modify, add or remove all or any portion of the Site or the Terms. Changes to the Terms shall be immediately effective when posted. You agree to review the Terms for changes. YOUR ACCESS TO AND CONTINUED USE OF THE SITE AFTER THE CHANGES ARE POSTED SHALL CONSTITUTE ACCEPTANCE OF THOSE CHANGES. Also, events may occur that result in disruption or discontinuation of access to the Site, removal of specific Site Contents or corruption of Site Code. Therefore, Genfoot reserves the right, without liability, to: (1) discontinue provision of access to the Site to any and all users without notice; and (2) remove or modify any Site Content. You agree that these Terms and Genfoot’s interests, rights, and obligations hereunder, can be transferred by Genfoot to a subsequent owner of an interest in the Site or any of the Site Contents.
10. NOTICE AND COMMUNICATIONS BY YOU REGARDING COPYRIGHT AND OTHER MATTERS
We have adopted processes outlined under the Digital Millennium Copyright Act as the framework for receiving communications and claims regarding violations of these Terms and potentially injurious or infringing Content, such as content that may infringe a copyright. If you believe that any Site Code or Contents in a linked site or in the Site, including but not limited to Content provided by third parties via Visitor Features, infringes a copyright or other proprietary right or is otherwise injurious or violates these Terms, please forward the following information to our Notice Agent at the address specified below:
(a) Your name, address, telephone number, e-mail address and other pertinent contact information;
(b) A description of the right that you believe is infringed, the violation of these Terms or the injury that you believe is being caused;
(c) A detailed description of where the allegedly infringing, violative or injurious Content or Code is located;
(d) A statement by you (with respect to the right, violation or injury) that you have a good faith belief that the objectionable use is not authorized by either the owner of the asserted right, an agent of the owner, or by operation of law;
(e) An electronic or physical signature of the person authorized to act on behalf of the owner of the asserted right and/or an electronic or physical signature of the person(s) who claims injury;
(f) A statement by you, made under penalty of perjury, that the above information in your notice is correct and that you are the owner of the asserted right, or are authorized to act on behalf of the owner, or are an injured party; and
(g) Any other information required for specific notice of the claim and allegedly infringing or injurious item.
The e-mail address of our agent and recipient for notices and other communications regarding the Site is: firstname.lastname@example.org.
The mailing address is:
1940 55th Avenue
We seek to preserve all rights and exemptions from liability available under law, including without limitation, copyright law, but we do not stipulate that we are a “service provider” for all purposes.
Personal information (“ID Information”) that you choose to provide, such as your name, e-mail address, website address may be collected and stored via the Site. We also collect certain technical information from your computer each time you request a page during a visit to the Site. This information may include your Internet Protocol (IP) address, your computer's operating system, browser type and the address of a referring website, if any. This data is used to manage and improve the Site, track usage, and for security purposes.
The information mentioned above may be used to authenticate the Site user. The information you have provided will not be used for direct marketing purposes to you without giving you the opportunity to opt-out. Please remember that any information posted by you on the Site, or otherwise supplied via the Site, may be viewed by the public. You should not post personal information in these areas unless you are comfortable to have third parties viewing and using such information. We do not sell or rent your personal information to any third parties under any circumstances. We will share personal information only with our agents, representatives, service providers and contractors for limited purposes, including but not limited to, communicating to you and preventing fraud. Other limited circumstances may include when we believe in good faith that the disclosure is required to prevent or detect the source of harm or injury (such as fraud, infringement claims or other liability), or as required by law.
We may choose to utilize “cookies” to help manage and maintain the Site. Cookies are small bits of information that are placed on your computer to identify your Internet browser, store your preferences, and authenticate user sessions or provide services. Your computer can be programmed, or security software utilized, to warn you each time a cookie is being sent, block cookies or remove cookies. However, the blocking or removal of cookies can result in less utility or convenience regarding the Site.
If you have any questions about this privacy statement you can contact us at: email@example.com.
12. JURISDICTION, DISPUTE RESOLUTION, INTERPRETATION, SEVERABILITY AND MERGER
These Terms, and all disputes arising from or related to them, their interpretation, or their subject matters (including but not limited to Site Contents) shall be governed by, resolved and remedied in accordance with the laws of Quebec, Canada (without resort to conflict of law principles) as it applies to agreements entered into and to be performed entirely within Quebec and to acts or omissions occurring wholly within Quebec. Any claims arising from or related to the Terms or their subject matters shall be brought and resolved only in the appropriate Courts located in Quebec and you expressly consent to the jurisdiction and exclusive venue of said courts. However, Genfoot, at its sole discretion, can also institute or convert any action (no matter which party initiates it) to an arbitration under the applicable rules of an established arbitral organization with offices or resources in Quebec, said arbitration to: (1) apply the choice of law specified above; and (2) take place in Montreal, Quebec. All disclaimable or waivable local and international provisions related to choice of law or dispute resolution are waived or disclaimed by you in favor of the above choice of law, jurisdiction, venue and forums for dispute resolution. To the extent permitted by applicable law or terms, and where applicable law or terms do not provide for a shorter term, you agree that any claim by you arising from or related to these Terms, or their subject matters, must be filed by you within one (1) year from the date the claim arose. Additional regulations of mandatory applicability may apply in certain circumstances and, e.g., provide for a shorter term in which a claim must be filed.
If any provision(s) of the Terms are deemed void or unenforceable in a determination by a body with proper jurisdiction, the parties agree (without waiving rights of appeal) that the subject provision(s) shall be: (1) reconstituted to approximate as closely as lawfully possible the evident intent of the original provision(s); or (2) if option (1), above, cannot be implemented, the unenforceable provision(s) shall be excised from the Terms and the parties shall negotiate in good faith with respect to their modification. If the parties cannot agree to a modification, the Terms shall be enforced, without the unenforceable provision, in a fair manner that most closely approximates the evident intent or understanding of the parties. Modifications made due to the unenforceability of any provision(s) or their being held void in a particular circumstance or jurisdiction shall not be deemed applicable (and the terms shall remain unchanged) in other circumstances and jurisdictions where such provision(s) would not be void or unenforceable.
These Terms comprise the entire agreement between the parties relating to the matters contained herein and shall not be modified except in a written document supplied by Genfoot, such as modified Terms.
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