Terms of Service - Genii, The Conjurors' Magazine

Genii Enterprises LLC and/or its affiliates (collectively “Genii,” “our,” “us,” or “we”) owns and publishes Genii, the Conjuror’s Magazine and owns and operates www.geniimagazine.com, and its associated websites, mobile sites and subpages including the Genii Forum and MagicPedia (the “Sites”), including, but not limited to, all information, videos, images, tools, webinars, and linking publishing capabilities, and all other services made available by us to Users from time to time, whether through our Sites or through other means (collectively, the “Services”).

PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. BY ACCESSING, REGISTERING TO USE, OR USING THE SERVICES, YOU (“YOU,” “YOUR,” OR THE “USER”) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED IN SECTION 19 AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR DATA PROTECTION AND PRIVACY POLICY.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT ACCESS OR USE THE SERVICES. IF YOU VIOLATE THIS AGREEMENT OR OUR DATA PROTECTION AND PRIVACY POLICY, WE RESERVE THE RIGHT TO DENY YOU ACCESS TO OUR SERVICES TOGETHER WITH ANY AND ALL OTHER LEGAL REMEDIES.

This Agreement is written in the English language. We do not guarantee the accuracy of any translated versions of this Agreement. To the extent any translated versions of this Agreement conflict with the English language version, the English language version of this Agreement shall control.

The headings used herein are included for convenience only and will not limit or otherwise affect this Agreement.

ENTIRE AGREEMENT

This Agreement and our Data Protection & Privacy Policy and any other agreements we may post on the Services from time to time comprise the entire agreement between User and Genii, and supersedes any and all prior agreements between the parties regarding the subject matter contained herein (including but not limited to any prior versions of this Agreement). All such additional terms and conditions are hereby incorporated by this reference into this Agreement.

By using our Services, you attest that you are authorized to use our Services as stated herein, and that you will comply with this Agreement, our Data Protection & Privacy Policy, and all applicable laws, rules, and regulations.

DESCRIPTION OF SERVICE

Genii grants you a limited, revocable, non-exclusive, non-transferable right to review, and in some instances to print and/or download content from our Services (e.g., our website and/or issues of Genii, the Conjuror’s Magazine) for your personal and educational purposes, as long as they do not violate any aspect of this Agreement or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. Genii reserves the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.

Genii (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Data Protection and Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Data Protection and Privacy Policy.

MODIFICATIONS TO SERVICE AND TERMS OF SERVICE

Genii reserves the right, at any time, to modify or discontinue the Services temporarily or permanently, with or without notice and for any reason, including but not limited to performing maintenance, repairs, upgrades, or promotions. Genii shall not be liable to any User or any third party should Genii exercise its right to modify or discontinue any Services provided.

Genii also may change the terms and conditions of this Agreement from time to time. Changes in the terms and conditions of this Agreement will be incorporated in the Agreement posted here on our website. Your continued use of the Services constitutes your agreement to abide and be bound by this Agreement and any modifications to this Agreement.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services.

DELIVERY

Genii utilizes a variety of third-party carriers to deliver your orders and subscriptions. While Genii strives for accurate and timely delivery of our Services, issues with delivery can occur.

In cases of missing books, magazines or other delivery issues, you may be eligible for adjustments to cancellation terms or any refund claims. Alternatively, a subscription extension may be granted for some or all missing products.

The customer is required to report any missed deliveries promptly to ensure timely resolution. Purchased materials will continue to be delivered throughout the remainder of the current non-trial subscription unless a request is made to stop receiving the products.

CONTENT OWNERSHIP

The content on Genii’s Sites, including but not limited to, content, features, functionality, photos, articles, and site layout, as well as all logos of the Genii appearing on the Genii website (the “Site Content”), are the exclusive property of Genii, our affiliates, or licensors and are protected by intellectual property and proprietary rights laws. We reserve any and all rights to the Site Content. Commercial use of the Site Content is prohibited.

The Site Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission. However, you may download and print Site Content for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Site Content, and do not further reproduce, publish, or distribute such Site Content. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Site Content on the Internet, or any Intranet or Extranet site, or to incorporate the Site Content in any database or other compilation. Any other use of the Site Content is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or personal information.

All registered and unregistered trademarks visible or accessible through our Services are trademarks of Genii, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of Genii or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.

CONTENT RESPONSIBILITY

We reserve the right to modify and update the Site Content or Services at any time to correct errors, inaccuracies, or make other corrections. We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement. You acknowledge and agree that Genii neither endorses the contents of any User comments (“Comments”) or communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third-party intellectual property rights arising therefrom, or any crime facilitated thereby.

You agree that Comments provided to Genii will not violate any right of any third-party, including copyright, trade mark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

The Sites contains links to websites maintained by third parties. Such links are provided for your convenience and reference only and do not constitute any offer or solicitation to buy or sell services or products of any kind. Genii does not operate or control in any respect and are not responsible for any information, software, products, or services available on such third-party websites. Genii’s inclusion of a link to a website does not imply any endorsement of the third-party and/or their services or the site, its contents, or its sponsoring organization. If you decide to access other websites, you do so at your own risk. You are encourages to read and evaluate the privacy and security policies on the specific site you are entering.

USER CONDUCT

You understand that any and all comments, information, quotes, links, text, messages, or other materials posted by a User (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility and property of the person from which such User Content originated. This means that you, and not Genii, are entirely responsible for all User Content that you share, post, or upload via the Services.

Genii does not control the User Content posted via the Services by you or other Users and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. Genii is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable.

Any User Content you post to the Services will be considered non-confidential and non-proprietary. By providing any User Content on the Services, you grant Genii the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You agree to not use the Services to:

upload, post, or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Genii official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit or obtain another User’s login credentials to our Services, or attempt to use another User’s account without their permission.
upload, post, or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, or otherwise transmit any false or misleading information;
upload, post, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
upload, post, or otherwise transmit any material that contains software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of our Services or any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
circumvent the security features of the Services or any related Sites, or access any Services or features of the Sites that we have not authorized you to access;
reverse engineer or duplicate any functionality of our Services;
collect or track the personal information of others;
spam, phish, pharm, pretext, spider, crawl, or scrape;
intentionally or unintentionally violate any applicable local, state, national, or international law, regulation, or ordinances, including, but not limited to, the regulations promulgated by the US Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
“stalk” or otherwise harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability any other person;
collect or store personal information about other users; or
promote or provide instructional information about, or solicit others to perform or participate in any illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.

We reserve the right to remove any User Content and to terminate any User’s use of Genii’s Sites or Services for engaging in any prohibited conduct.

USER ACCOUNT, PASSWORD, AND SECURITY

Users have the option of creating an account with Genii to access certain features and content of our Sites, and receive other Services. Once you become a user and establish an account with Genii, you shall receive a password and an account. You must keep your account and password confidential, and are entirely responsible if you do not maintain the confidentiality of your password and account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password, or other security information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your password at any time (to do so, go to the user profile menu option within your account). You may also set up a new account and close an old one at your convenience. You agree to immediately notify Genii of any unauthorized use of your account or any other breach of security known to You. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

PAYMENTS AND REFUND

These payment terms apply to your purchase and you agree to them:

Charges. If there is a charge associated with your portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location.

Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. Additionally, you agree to permit Genii to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions.

Billing. By providing Genii with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize Genii to charge you for the Services using your payment method; and (iii) authorize Genii to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.

Recurring Payments. We may offer subscription products on an automatic renewal basis for annual subscriptions or other recurring intervals. When you purchase the Services on an automatic renewal subscription basis, you agree that you are authorizing recurring payments, and payments will be made to Genii by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by Genii. You must cancel your Services before the next billing date to stop being charged to continue your Services. By authorizing recurring payments, you are authorizing Genii to store your payment instrument and process such payments. Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Genii reserve the right to collect any applicable payment, return item, rejection or insufficient funds fee.
Refund Policy. All purchases are final and non-refundable. No exceptions. You may notify Genii of your intent to terminate your Account at any time; your cancellation will become effective at the end of your current billing period and no future payments will be charged. No full nor partial refunds will be issued for the days between the termination and the end of the current billing period; no exception. However, your use of the Services and benefits will continue for the remainder of the current billing period unless you request an immediate termination.

If you believe Genii has charged you in error, you must contact us within 30 days of such charge. We reserve the right to issue refunds or credits at our sole discretion. No refunds will be given for any charges more than 30 days old.

TERMINATION

If you are subscribed to any of our Services, you may cancel at any time through your profile page online or by contacting Genii via email or telephone of your intent to terminate your subscription. Your termination will become effective at the end of your current billing period and no future payments will be charged. No full nor partial refunds will be issued for the days between the termination and the end of the current billing period; however, your use of the Services and benefits subscribed to will continue for the remainder of the current billing period unless you request an immediate termination.

If you terminate a “trial subscription”, the Services including digital access and delivery of the magazine or any materials will terminate immediately.

Genii may, at its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice, if Genii believes that you have violated any law or the spirit of this Agreement.

PROMOTING PRODUCTS ON GENII

If You (“Promoter”) promote, market, or otherwise advertise (“Promote” or a “Promotion”) any product or service via any online or offline channel or medium for the purpose of earning a percentage of the sale price of any product or service (“Product”) sold as a result of such Promotion (“Commissions”), You agree, acknowledge, represent, and warrant that:

You will not suggest or imply any endorsement by Genii, its contributors, or sponsors for the Product.
You will not make any unlicensed or unauthorized use of or otherwise infringe or misappropriate any materials protected by any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right (“IP Rights”).
You will not interfere with Genii’s tracking of visits, page views, click throughs, or the normal flow of traffic to, through, or from the Genii Services.
All communications and/or representations made by you in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with your country’s laws and all Federal and State laws, including US Federal Trade Commission (“FTC”) regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTCs endorsement rules.
You will not offer, suggest, or imply the availability of any rebates, coupons, tickets, vouchers, or similar incentives to induce or encourage the purchase of a Product.
Genii reserves the right, but not the obligation, to review your Promotions as they appear on our Sites and Services. You agree that Genii, in its sole discretion and at any time, may demand changes to product promotion and delivery pages, customer support, or other items related to the content of Your Promotions. Genii may remove your Promotion at any time from its Service by refunding any fees paid for that Promotion.
You will provide valid contact information, including but not limited to a working email address, where Genii can send inquiries and receive a non-automated reply by end of the following business day.
Genii does not guarantee, or assume any responsibility or liability for the accuracy, completeness, efficacy, or timeliness of any such information, nor is it responsible for any bonuses, prizes, or other incentives offered in any Promotions. Your use of any information presented by Genii does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information, nor is it responsible for any bonuses, prizes, or other incentives offered in any Promotions. Your use of any information presented by a Promoter is strictly at your own risk. In no event shall Genii have any liability for your purchase or use of a Product or Service Promoted on Genii; and
Promotion is voluntary, and your reliance is at your own risk. Genii does not independently review or verify information provided in any Promotion for accuracy, completeness, efficacy, or timeliness. You acknowledge and understand that Genii does not verify statements, claims, incentives, or promotions made by Promotions.

We reserve the right to delete Promotions at our sole discretion without previous notice to User.

ADVERTISEMENTS, PROMOTIONS, AND AFFILIATE DISCLOSURE

Genii runs advertisements, promotions, and affiliate links on Genii Site pages. The manner, mode, and extent of advertising by Genii is subject to change. We are not responsible for the content of any advertisement or affiliate link appearing on the Sites or via the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers or affiliates found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or affiliate. You agree that Genii shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or affiliates on the Services.

DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER’S SOLE RISK.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, GENII EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GENII MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. GENII MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

GENII SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, LOST REVENUE, LOST SAVINGS, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500 USD).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INJUNCTIVE RELIEF

You acknowledge that a violation or attempted violation of this Agreement will cause such damage to Genii as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Genii shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Genii in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.

INDEMNITY

To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, including our employees, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.

LAWS

This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Delaware in the United States without reference to any conflict of law rules. You and Genii agree to submit to the exclusive personal and subject matter jurisdiction and venue of the courts located within Delaware in the United States. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER

Arbitration Notice

You agree that if there is any dispute or claim arising from or related to our Services (except for the Exempt Claims, as defined below), these Terms of Service and/or the Data Protection and Privacy Policy it will be resolved by confidential binding arbitration in Delaware, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to Genii Enterprises LLC, PMB 316, 3440 Lehigh Street, Allentown, PA, 18103, USA. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.

If you and Genii are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or Genii may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (AAA)’s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms of Service as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

You and Genii hereby agree that in no circumstance shall any dispute, claim, or controversy between the Parties be subject to a jury or bench trial in any court or tribunal. Both Parties, therefore, renounce the right to jury trial. Furthermore, You and Genii expressly waive any rights to join a class action, as a plaintiff or class member, and that unless both Parties expressly agree, the arbitrator will not be allowed to consolidate more than one person’s claims in the arbitration proceedings.

The arbitration shall be held in the State of Delaware or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 USD or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms of Service containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.

CLASS ACTION WAIVER: YOU AND GENII AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

EXEMPT CLAIMS: You and Genii agree that the following two (2) types of claims are not required to be submitted to an arbitration subject to the following conditions:

You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision; and
You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.

OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision, either (a) by sending an email to genii@geniimagazine.com stating you wish to do so, or (b) by mail to “Opt-Out Customer Service Department” to Genii Enterprises LLC, PMB 316, 3440 Lehigh Street, Allentown, PA, 18103, USA. Include your name, address, and date in the correspondence. This is the only way you can opt-out.

NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail. Genii may distribute notices or messages through the Services to inform User of changes to this Agreement, the Services, or other matters of importance; such distribution shall constitute notices to User.

GENERAL INFORMATION

If any provision(s) of this Agreement are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Genii’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Genii in writing. User and Genii agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If Genii takes any action to enforce this Agreement, Genii, if the prevailing party, will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Genii may be entitled.

VIOLATIONS

Please report any violations of this Agreement to administrators at genii@geniimagazine.com..

GENII PROPRIETARY RIGHTS

You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Genii or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

This website is the copyrighted property of Genii and various third-party providers and distributors (“Suppliers”).

Genii is our registered trademark and www.geniimagazine.com, the Genii Forum and Magicpedia are a service marks of Genii. Other product, service and company names used on this website are registered and common law trademarks of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such trademarks. Unauthorized use of this Web site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure, or obliterate any of such notices.

NOTICE OF INFRINGEMENT

We respect the intellectual property rights of others, and prohibit our users from using our Services that violates those rights. Under the U.S. Digital Millennium Copyright Act, copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Content or links on this website, please see our Copyright Policy and Infringement Notification, which will inform you how to submit a notification by email, mail or by filling out and submitting the form provided.

CHILDREN INFORMATION

We do not target our Services to minors, who are under the age of eighteen (18) (or a higher age threshold where applicable). You agree that you are not under eighteen (18) years of age. We do not intend to collect or process any personal information from anyone under the age of eighteen (18). If we become aware that a user is under eighteen (18) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such personal information. Contact us if you believe that we have mistakenly or unintentionally collected Information from a person under the age of eighteen (18).

RELIANCE ON INFORMATION POSTED

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.