Effective as of March 1, 2015
- General Rules and Definitions. Genesys Partners, Inc. requires that all visitors to its websites, www.genesyspartners.com and www.agilityfirstforum.com and related properties (the “websites”), adhere to the following terms. By using any of the Websites, you agree to be bound by these terms. If you do not agree with these terms, you should not use the websites. In consideration of your use of the websites, you represent that you are at least 18 years old and are not a person barred from using the websites under the laws of the United States or other applicable jurisdiction. Genesys Partners reserves the right to change these terms at its sole discretion and at any time without personal notice to you. If Genesys Partners makes a material change to these terms, it will update this page and indicate the effective date of the changes at the top of this page. Your continued use of the websites constitutes your acceptance of any changes.
- Intellectual Property. Ownership, License: Genesys Partners owns, operates, licenses, controls and provides access to the websites. All materials, applications, software and other contents are the property of Genesys Partners unless otherwise noted and are protected by applicable intellectual property and other laws. All trademarks, logos, service marks, trade names and trade dress are proprietary to Genesys Partners unless otherwise noted and are protected by applicable intellectual property and other laws. Except as expressly set forth in these terms or otherwise expressly granted to you in writing by Genesys Partners, no rights (either by implication, estoppel or otherwise) in or to any of the websites or the contents are granted to you. The use, copying, sale, leasing, renting, lending, distribution, modification, downloading, creation of derivative works, posting or publication by you, directly or indirectly, of any of the contents of any of the websites, or any other use of such content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. Subject to your compliance with these terms, Genesys Partners grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to view videos and participate in the websites’ community areas; communicate with other members of the websites’ communities; and download the contents of the websites onto a computer for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein.
- User Uploaded Information. The websites may allow you to upload or submit information, software, text, images, audio, video, and other materials (“User Uploaded Information”) to or on the websites’ blogs or other interactive areas. Genesys Partners does not endorse any User Uploaded Information and your use of any User Uploaded Information is at your own risk. Genesys Partners reserves the right to delete, move or edit User Uploaded Information, in whole or in part, for any reason in its sole discretion. Genesys Partners undertakes no obligation to pre-screen User Uploaded Information, but may, in its sole discretion, monitor, modify, transmit over various networks, refuse, limit, move, block access to or remove any User Uploaded Information. You agree not to accept payment for User Uploaded Information from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content in User Uploaded Information. You are solely responsible for all User Uploaded Information that you make available via any of the websites. Under no circumstances will Genesys Partners be liable in any way for any User Uploaded Information that you upload, post, or otherwise make available via any of the websites including, but not limited to, any errors or omissions in User Uploaded Information, or for any loss or damage of any kind incurred as a result of User Uploaded Information. You will not upload or submit any User Uploaded Information owned or controlled by a third party unless you have all necessary rights and permissions to post such information and to grant the rights herein granted with respect to User Uploaded Information. When you upload User Uploaded Information via the websites, you grant to Genesys Partners, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Uploaded Information, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind for any purposes whatsoever.
- Copyright. Genesys Partners reserves the right to remove any content posted to the websites that allegedly infringes another person’s copyright. Additionally, you grant all users of the websites the right to reproduce, distribute, display and perform the User Uploaded Information as allowed by the website in keeping with these terms.
- Restrictions on Use. The websites are provided for lawful purposes only. By accessing or using them, you agree and warrant that in connection with your use of the websites you will not: alter any trademark, copyright and other proprietary or legal notices contained in the websites; modify, make derivative works of, disassemble or otherwise manipulate the websites or any content in any way not intended and directed by Genesys Partners; exploit any part of the websites for commercial gain or undertake any commercial activity utilizing the contents of the websites without the prior written consent of Genesys Partners or accessing or using the website to build a similar or competitive product or service; e-mail, transmit, post, upload, display, copy, distribute, promote, or otherwise communicate to the public any material that is false, unlawful, threatening, tortuous, disparaging, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or anything that in Genesys Partners’ sole discretion is otherwise objectionable; information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right; material of any kind that restricts or inhibits any other user’s uninhibited use of the websites or interferes with, overburdens, impairs or disrupts the websites, including material that contains a virus, malware, Trojan horse, time bomb, worm, spyware, adware, bot, any automated system or other harmful component; any unsolicited or unauthorized advertising, promotional materials, spam, pyramid schemes, petitions for signature, or any other form of solicitation; use or attempt to use another person’s information, account, password, service or system except as expressly permitted; impersonate another person or entity; engage in any conduct that restricts the ability of any other person from use of any of the websites or otherwise use any device, software or routine to damage, interfere or attempt to interfere with any use or function of the website; or solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users.
- Third Party Content and Linked Sites. Third parties may provide some of the contents of the websites. Genesys Partners makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of such. In addition, third parties may offer goods, services and other materials to you on the websites. Such dealings are solely between you and the third party. Genesys Partners will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. Descriptions of, or references to products or services within the websites do not imply endorsement by Genesys Partners.The websites may include links to other sites that are not maintained by Genesys Partners and makes no representations whatsoever concerning the content or accuracy of such other sites and shall have no liability for any loss or damage arising from your use of any such sites.
- Disclaimer, Restriction of Liability. The websites and contents are provided “as is” and “as available.” Genesys Partners will not be liable for any damages or injury caused by any use or any materials or software, including but not limited to, any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, or line failure due to, arising out of or otherwise attributable to the use of the websites. Genesys Partners will not be liable for any damages or injury, including but not limited to, any special, direct, indirect, incidental, exemplary, economic, punitive or consequential damages that are directly or indirectly related to the websites or User Uploaded Information; the use of, inability to use, or performance of the websites or any of the contents or features thereon; any action taken in connection with an investigation by Genesys Partners or law enforcement authorities regarding your use of the websites or the contents thereof; any action taken by or in connection with copyright owners; any errors or omissions in the websites’ technical operation, whether in an action of contract, negligence, strict liability tort, including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the websites.
- Jurisdiction. Genesys Partners controls and operates the websites and makes no representation that the contents of the websites are available for use outside of the United States. If you use any of the websites from a location outside the United States, you are responsible for compliance with applicable U.S. and local laws, including export and import laws.
- Miscellaneous. These terms shall be governed by and construed in accordance with the laws of New York, without regard to conflicts of laws provisions. You irrevocably submit to the exclusive jurisdiction of the federal and state courts located in New York County, New York, for all matters involving you and Genesys Partners. If any part of these terms are declared unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These terms and any applicable end user license or similar agreements contain the entire agreement between the parties relating to the websites. Nothing in these terms is intended to confer on any third party any benefit or any right under any legislation in any country to enforce the provisions of these terms. If you are a copyright owner or an agent thereof and believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may submit notice pursuant to the Digital Millenium Copyright Act by providing Genesys Partners’s designated Copyright Agent with the following information: description of the copyrighted work or other intellectual property that you claim has been infringed; description of where the material that you claim is infringing is located on the site; your address, telephone number and email address; statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. Genesys Partners’s Copyright Agent should be contacted at Copyright Agent, Genesys Partners, 126 5th Avenue, Suite 801, New York, NY 10011.