GeniusBox Terms of Service
Updated August 3, 2015
PLEASE REVIEW THESE TERMS OF SERVICE FOR USE OF OUR WEBSITE, OUR SOFTWARE, AND OUR SERVICES. THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN A COURT OR JURY TRIAL OR CLASS ACTION.
We reserve the right to change these Terms of Service from time to time without notice. You acknowledge and agree that it is your responsibility to review this Terms of Service periodically to familiarize yourself with any modifications. Your continued use of our Services or this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. If we make any substantial changes to the Terms of Service, we will present you a notice via the GeniusBox Application and post a prominent notice on our home page with a copy of the previous changes along with any substantial changes we made.
Services Accessible through the GeniusBox Application.
If you decide to use the Services through the GeniusBox Application, you will have access to the following features as the underlying Website use PLUS integrate search results and/or ads directly within the results pages of your favorite websites (Google, Amazon, TripAdvisor etc.). The ads will be displayed only when the GeniusBox application is running and they will be marked as ads that are by GeniusBox (rather than the underlying website).
By downloading the GeniusBox Application, you
understand and expressly agree that: a GeniusBox logo will be affixed on your
search engine webpage (Google, etc.), usually below the search text box; and the
results of your searches provided by GeniusBox will be included at the top of
the results pages of your search engine; your browser settings, web proxy or
other Internet settings may be modified in order to provide you with a better
experience with the Services. You also expressly understand that for the
GeniusBox Services to function on Google.com, we will need to send all search
requests to a non SSL version of Google.com, and you expressly authorize us to use
a non SSL version of Google.com. In addition, GeniusBox will collect your
search queries so that we can provide the Services. If you do not want
GeniusBox to collect your search queries or do not want GeniusBox to use the
non SSL version of Google.com, do not use the Service and uninstall the
GeniusBox application. GeniusBox installs itself as a local proxy, enabling
access to the content of all web pages, including encrypted web pages.
GeniusBox is only compatible with IE, Firefox and Chrome and .NET 2.0 is required. GeniusBox will not install if .NET 2.0 is missing.
The Resources are intended for a general
audience, and children and minors under the age of eighteen (18) are not
permitted to access or use the Resources, absent express consent from their
parents or guardians. We do not intentionally solicit or collect personal
information from anyone under the age of 18. If you believe that we might have
any information from or about a minor under age 18, please contact us through
our contact form at: and we
will remove it. If you are a parent or guardian who approves of your minor’s
use of the Services, please contact us through the same form, and provide to us
the age and email address of your minor on whose behalf you are contacting us.
While we take every precaution to ensure that the GeniusBox Application is compatible with other applications installed on your device, it is still possible that it may interfere with the functionality of other applications. If you notice any problems with GeniusBox interfering with other applications on your device, please contact us at .
The GeniusBox Application may protect itself from unwanted third party software trying to interfere with it or disable it. If you wish to uninstall the GeniusBox Application you may do so at any time from Add/Remove Programs. For more information, visit the .
Third Party Sites. The Website, the GeniusBox Application and the Services may contain links to third party sites or resources that are not owned or controlled by GeniusBox. GeniusBox has no control over, and assumes no responsibility for the content, privacy policies, practices or availability of any third party sites or resources or the products, services or other materials on or available from such sites or resources. You are and remain subject to the policies of those third parties where applicable. By using the Website, the GeniusBox Application and the Services, you expressly relieve GeniusBox from any and all liability (direct or indirect) arising from your use of any share functionality or third-party site or resource accessed from the Website, the GeniusBox Application or the Services. We encourage you to ask questions before you disclose your personal information to anyone. We reserve the right to change, modify or delete links to third party websites without notice.
Partners. GeniusBox and/or its affiliated partners/associations/organizations which participate in the growth of the Services may present advertisements or promotional materials on or through the Website and/or the GeniusBox Application (including, without limitation within/around the search results provided by GeniusBox). Your dealings with, or participation in promotions of, any third-party advertisers on or through the Website and/or the GeniusBox Application are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that GeniusBox is not responsible or liable for any loss or damage of any sort (direct or indirect) incurred as the result of any such dealings or as the result of the presence of such third party materials on the Website or made available through the GeniusBox Application. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by GeniusBox.
Interruptions. You acknowledge that: (i) your access to and use of the Website, the GeniusBox Application and/or the provision Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Website, the GeniusBox Application and/or the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Website, the GeniusBox Application and/or the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Website and/or the GeniusBox Application or other event that we determine, in our sole discretion, that a risk to the applicable Service, to you or to any of our other users may be created if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Interruptions").
No Liability. GeniusBox shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption.
Notice of Interruption. To the extent we are able, we will endeavour to post updates on the Website regarding any Service Interruption and resumption of service following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.
Surviving Obligations.All provisions of the Terms of Service which by their nature should survive expiration or termination shall survive the expiration or termination of the Terms of Service, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Website and the GeniusBox Application shall not relieve you of any obligations arising or accruing prior to such expiration or termination or limit any liability which you otherwise may have to GeniusBox, including without limitation any indemnification obligations contained herein.
Grant of License. GeniusBox grants you a non exclusive, non-transferable, worldwide, revocable license to access and use of the Website, the GeniusBox Application and the Services in accordance with the terms set forth in the Terms of Service. The Website, the GeniusBox Application and the Services are made available to you for your non-commercial use only.You need to obtain our permission if you want (i) to sell, distribute, license or in any other way exploit, in whole or in part, the Services, the use of the Website or the GeniusBox Application (including by way of a bundle with other products and/or services) or any information or software associated with them or (ii) to modifyor create derivative works from the Website and/or the GeniusBox Application, in whole or in part.
Reservation of Rights. GeniusBox reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the license granted to you under the Terms of Service, and any attempt to sublicense, assign, or transfer any part of your rights under the Terms of Service is void.
Trademarks and Copyright. The following are trademarks (registered or not) of GeniusBox: "GeniusBox", as well as certain other GeniusBox trademarks, service marks, graphics, and logos (collectively, the "Trademarks") used in connection with the Website or the GeniusBox Application and the provision of Services. The Website and/or the GeniusBox Application may also contain third-party trademarks, service marks, graphics, and logos, including with respect to products and/or services that may be purchased on our partners' websites (collectively, the "Other Trademarks").
Copyright. All content displayed on the Website and through the GeniusBox Application as well as all the software (including any source code) used in connection with the Services is the exclusive property of GeniusBox or third parties and is protected by copyright laws.
No License. Nothing appearing on the Website will be construed as granting you any license, right, title or interest relating to the Trademarks, the Other Trademarks or other intellectual property used in connection with the Website, the GeniusBox Application and/or the Services (collectively, the "Intellectual Property") and the Intellectual Property remains the exclusive property of GeniusBox or owners. Except as stated herein, you agree not to display, copy, reproduce, use or distribute any Intellectual Property without our prior written consent. Also, you cannot mirror any material contained on the Website or made available through the GeniusBox Application.
Feedback. If you choose to communicate suggestions for improvements to the Website, the GeniusBox Application or the Services (collectively, "Feedback"), we shall own all right, title, and interest in and to the Feedback and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to us and waive all you moral rights in the Feedback, and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback. You acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information; (ii) GeniusBox is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) GeniusBox shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (iv) GeniusBox may have something similar to the Feedback already under consideration or in development; and (v) you are not entitled to any compensation or reimbursement of any kind from GeniusBox under any circumstances.
All content and materials available on GeniusBox, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of GeniusBox, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by GeniusBox.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Choice of Law and Venue
This Agreement shall be interpreted and enforced in all respects under the laws of the Country of Cyprus as applicable to contracts to be performed entirely within the Country of Cyprus. Any litigation arising out of this Agreement will be brought solely and exclusively in the courts located in Cyprus and the parties agree that jurisdiction and venue properly lie in such courts and waive any claim that a proceeding in any such court has been brought in an inconvenient forum.
All differences of any nature that may arise in relation to this contract between the contracting parties, shall be referred to arbitration by a single Arbitrator in accordance with the provisions of the Arbitration Law of Cyprus, Cap 4. The Arbitrator will be proposed by the Arbitration Service of the Cyprus Chamber of Commerce and Industry and must be approved by the contracting parties. In case of disagreement between the contracting parties on the proposed Arbitrator, the Arbitrator will be appointed in accordance with the provisions of the Arbitration Law of Cyprus, Cap 4.
ANY ARBITRATION UNDER THESE TERMS OF SERVICE WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND YOU AGREE NOT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY AGREEING TO ARBITRATE, YOU EXPRESSLY WAIVE ANY RIGHT TO A COURT OR JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION.
CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS.
For any non-frivolous claim that is less than $10,000, we will pay the filing fee for the arbitration; provided, however, that if the arbitrator finds that your claim or relief sought is frivolous or brought for an improper purpose you shall promptly reimburse us all amounts paid by us that are your obligation to pay under the AAA rules. If the arbitrator grants an award in your favor based on the merits of your claim and such award is greater than the value of GeniusBox 's last written settlement offer to you before an arbitrator was selected, then GeniusBox will pay you up to twice the amount of the award up to a maximum aggregate amount of $10,000.
If we make any amendment to the arbitration provisions, you may reject any such amendment by sending us written notice to the contact address provided below within thirty (30) days after such amendment. By rejecting any such amendment, you agree that you will arbitrate any dispute in accordance with this Agreement.
11414 W. Park Pl. Suite 202
Milwaukee, Wisconsin 53224-3500
UNLESS OTHERWISE EXPRESSED, GeniusBox EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
These Terms of Service along with any another notices, policies, procedures, and terms and conditions on our Site contain the entire understanding with respect to your use of our Site and our Services. You and we are independent contractors and nothing in these Terms of Service creates a partnership, joint venture, employment, or agency relationship. You may not assign these Terms of Service or any rights or obligations herein without our prior written consent and any such assignment or attempt thereat will be null and void. No purported waiver of any provision of these Terms of Service by us will be effective unless in a writing signed by us. If any provision of these Terms of Service for any reason shall be declared void, illegal, invalid, or unenforceable in whole or in part, such provision will be severable from all other provisions herein and will not affect or impair the validity or enforceability of any other provision of these Terms of Service; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration provisions below and, if such prohibition is found to be unenforceable, the arbitration provisions (and only the arbitration provisions) shall be null and void. The failure by us to enforce any provision of these Terms of Service will not be deemed a waiver of such provision or any other provision.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
"AS IS" BASIS. THE WEBSITE, THE GeniusBox APPLICATION AND THE SERVICES (INCLUDING ALL THEIR CONTENT) ARE PROVIDED TO YOU "AS IS." THE DOWNLOAD OF THE GeniusBox APPLICATION AND/OR ANY USE OF THE WEBSITE, THE GeniusBox APPLICATION AND THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF THE GeniusBox APPLICATION AND/OR USE OF THE WEBSITE, THE GeniusBox APPLICATION AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GeniusBox DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. GeniusBox MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE, THE GeniusBox APPLICATION AND THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND GeniusBox DISCLAIMS ANY LIABILITY RELATING THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
Your Information. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON THE WEBSITE OR VIA THE GeniusBox APPLICATION IS AT YOUR OWN RISK. GeniusBox DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Third Party Content. SOME OF THE CONTENT DISPLAYED ON THE WEBSITE OR THROUGH THE GeniusBox APPLICATION MAY INCLUDE MATERIALS THAT BELONG TO OR ARE PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO UCG). YOU ACKNOWLEDGE THAT GeniusBox ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS AND/OR SERVICES.
Copyright Materials All
images, links, and videos that appear on any Site or Service
("Service"), owned and operated by GeniusBox Inc. (hereafter "GeniusBox
", "we", "our", or "us"), are assumed
copyrighted by their respective owners and GeniusBox claims no credit for them
unless otherwise noted. If you own the rights to any of the images, links, or
videos and do not wish them to appear on the Service, please contact us with
the information requested in the section "Copyright Materials: No
Unauthorized Use" of THESE TERMS OF SERVICE and they will be promptly
Furthermore, no content within our Service (user comments, ratings, photos, videos, links, etc.) represents an implied or express endorsement of any kind by any celebrity, person, user, company, team, league, charity, school, store, or any other entity represented or featured on the Service. Associations or connections on the Service are for entertainment purposes only.
Limitation of Liability & Indemnity
Limitation of Liability. IN NO CASE WILL THE OWNERS OF GeniusBox, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS AS WELL AS ANY COMPANY THAT CONTROLS GeniusBox, DIRECTLY OR INDIRECTLY, AND ANY OTHER SUBSIDIARY OF THAT CONTROLLING COMPANY, OR LICENSORS BE LIABLE FOR ANY DIRECT,INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES OR OTHER DAMAGES, OR FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF OR RELATING TO (I) YOUR USE, MISUSE OR INABILITY TO USE THE WEBSITE, THE GeniusBox APPLICATION OR THE SERVICES [OR] (II) THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY PART OF OR ALL THE WEBSITE, THE GeniusBox APPLICATION AND/OR THE SERVICES, OR (III) YOU RELIANCE PLACED BY YOU ON THE COMPLETNESS, ACCURACY OR EXISTING OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR THROUGH THE GeniusBox APPLICATION,REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) AND EVEN IF GeniusBox HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, BECAUSE THE GeniusBox APPLICATION IS FREE, IN NO EVENT WILL GeniusBox'S AGGREGATE LIABILITY FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE GeniusBox APPLICATION AND THE SERVICES) EXCEED US$1. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
Indemnity. YOU WILL INDEMNIFY AND HOLD GeniusBox, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS AND EMPLOYEES HARMLESS WITH RESPECT TO ANY SUITS, CLAIMS OR DEMANDS (INCLUDING REASONABLE LAWYERS' FEES) ARISING OUT OF (I) YOUR BREACH OF THESE TERMS OF SERVICE; (II) ANY DAMAGES BY YOU OR YOUR USE OF THE WEBSITE, THE GeniusBox APPLICATION AND/OR THE SERVICESCAUSED TO A THIRD PARTY; OR (III) YOUR USE OR MISUSE OF THE WEBSITE, THE GeniusBox APPLICATION AND/OR THE SERVICES.
No Partnership. No agency, partnership, joint venture, or employment is created between you and GeniusBox as a result of the Terms of Service and you do not have any authority of any kind to bind GeniusBox in any respect whatsoever.