Terms of Service
Content in the GenieKnows Services
GenieKnows local search results allow you to access and view a variety of content, including but not limited to photographic imagery, map and terrain data, business listings, reviews, and other related information provided by GenieKnows, its licensors, and its users (the “Content”). You understand and agree to the following:
(a) Map data, directions, and related Content are provided for planning purposes only. You may find that weather conditions, construction projects, closures, or other events may cause road conditions or directions to differ from the map results. You are ultimately solely responsible for safe travels and you should always exercise judgment in your use of this Content.
(b) By using the GenieKnows Services, you do not receive any, and GenieKnows and/or its licensors and users retain all ownership rights in the Content. You may not use, access or allow others to use or access the Content in any manner not permitted under these Terms of Service, unless you have been specifically permitted to do so by GenieKnows or by the owner of that Content in a separate agreement.
(c) Certain Content is provided under license from third parties, and is subject to copyright and other intellectual property rights owned or licensed by such third parties. You may be held liable for any unauthorized copying or disclosure of this Content. Your use of this Content, including but not limited to printing or use in marketing or promotional materials, is subject to the restrictions in these Terms of Service.
Content Linked to by GenieKnows
GenieKnows makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party sites accessible by hyperlink from the GenieKnows Service, or sites linking to the GenieKnows Service. These linked sites are not under the control of GenieKnows and GenieKnows is not responsible for the content of any linked site or any link contained in a linked site, or any review, change or update to such sites. You acknowledge that such linked sites may contain adult-oriented, harmful, obscene, hateful, illegal or offensive content. GenieKnows is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by GenieKnows of the site or any information contained therein. When leaving the GenieKnows site, GenieKnows’ terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
In order to access some features of the GenieKnows Services, you will have to create a GenieKnows account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GenieKnows immediately of any breach of security or unauthorized use of your account. Although GenieKnows will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GenieKnows or others due to such unauthorized use.
GenieKnows will terminate your access to its Services if, under appropriate circumstances, you are determined to be a repeat infringer. GenieKnows reserves the right to decide whether your User Submissions are appropriate, comply with these Terms of Service, do not include pornography, obscene or defamatory material, and are not excessive in length. GenieKnows may remove such User Submissions and/or terminate your access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Content You Submit
GenieKnows visitors may post or submit reviews, comments, photos, text, audio or video content (collectively “User Submissions”) in accordance with these Terms of Service and GenieKnows policies. You understand that whether or not such User Submissions are published, GenieKnows does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of posting or publishing them.
You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to GenieKnows, you hereby grant GenieKnows a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the GenieKnows Services and GenieKnows’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the GenieKnows Services (and derivative works thereof) in any media formats and through any distribution channels. You also hereby grant each user of the GenieKnows Services a non-exclusive license to access your User Submissions through the Services, and to use, reproduce, make derivative works of, distribute, display and perform such User Submissions as permitted through the functionality of the Services and under these Terms of Service. The above licenses granted by you in User Submissions are perpetual and irrevocable. You understand and agree, however, that GenieKnows may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize GenieKnows to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the GenieKnows Services and these Terms of Service. In connection with User Submissions, you further agree that you will not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GenieKnows all of the license rights granted herein, or (ii) contrary to applicable local, national, and international laws and regulations.
GenieKnows does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and GenieKnows expressly disclaims any and all liability in connection with User Submissions. GenieKnows does not permit copyright infringing activities and infringement of intellectual property rights on its Services, and GenieKnows will remove all User Submissions if properly notified that such User Submission infringes on another’s intellectual property rights. GenieKnows reserves the right to suspend or remove User Submissions for any other reason without prior notice.
Personal Use Only
The GenieKnows Services are made available for your personal, non-commercial use only. Prohibited commercial uses do not include uploading User Submissions to GenieKnows, or maintaining your business’ information on the GenieKnows Services, to promote your business or artistic enterprise; or any use that GenieKnows expressly authorizes in writing. We encourage you to use the GenieKnows Services to search for information, browse and discover new web sites, or to shop for online products and services.
You are prohibited from making any use of the GenieKnows Service other than personal non-commercial use, including, without limitation: (a) any resale or commercial use of the GenieKnows Service or Content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the GenieKnows Service or its Contents; or (d) use of any data mining, robots or other data gathering and extraction methods. You are not granted any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of GenieKnows or any third party. You may not take the results from a GenieKnows search and reformat and display them, or mirror the GenieKnows home page or results pages on your Web site. You may not “scrape” or “meta-search” GenieKnows without an express written agreement with us. If you want to make commercial use of the GenieKnows Services, you must enter into a written agreement with us in advance. Please contact us for more information.
- In using the GenieKnows Service, you agree to observe the following requirements (unless you have otherwise obtained GenieKnows’ prior written consent):
- To comply with these Terms of Service, and all applicable local, state, national and international laws and regulations that relate to your use of or activities on the GenieKnows Service.
- Not to disrupt or interfere with the security of, or otherwise abuse, the GenieKnows Service, or any services, system resources, accounts, servers or networks connected to or accessible through the GenieKnows Service or affiliated or linked Web sites;
- Not to disrupt or interfere with any other user’s enjoyment of the GenieKnows Service or affiliated or linked Web sites; or
- Not to attempt to obtain unauthorized access to the GenieKnows Service or portions of the GenieKnows Service that are restricted from general access.
- Not to use framing techniques to enclose any GenieKnows web page, Content, trademark, logo or other proprietary information (including the images found at the GenieKnows Service, the Content of the GenieKnows Service, or the layout/design of any page or form contained on a page).
- Not to use any meta tags or any other “hidden text” from the GenieKnows Service.
You are welcome to create a hyperlink to the GenieKnows Service. Please do so in a manner that does not portray GenieKnows or any of its products and services in a false, misleading, derogatory or defamatory manner. If you would like to use a GenieKnows logo or other proprietary graphic or trademark of GenieKnows to link to the GenieKnows Service, please contact us and we will, in most cases, be happy to provide you with express written permission to do so. This permission may be revoked at any time at GenieKnows’ sole discretion.
Removal of Content
GenieKnows’s indices consist of information, Content and User Submissions that have been identified, indexed, processed and compiled through automated processes with no advance review by GenieKnows. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, GenieKnows cannot and does not screen anything made available through the GenieKnows Services and generally cannot accommodate requests to remove or edit information in our indices. If you do not wish your website to be indexed and made available through the GenieKnows Services, please follow the steps described in the GenieKnows FAQ, accessible from the home page of this site.
Caching and Cached Content
GenieKnows stores many web pages in its cache to retrieve for users as a back-up in case the page’s server temporarily fails. Site owners may block GenieKnows from returning cached versions of their pages by using the NOARCHIVE meta-tag. Site owners may also request immediate removal of cached page from the GenieKnows Service. GenieKnows evaluates such requests for the immediate removal of cached content on a case-by-case basis and does not guarantee that every request will be granted. The steps necessary to remove cached pages and/or to prevent a site from being cached are described in the GenieKnows FAQ, accessible from the home page of this site.
All GenieKnows Service materials, including, without limitation, the GenieKnows logo, design, text, graphics, other files, and the selection and arrangement thereof are owned by GenieKnows and/or its licensors ALL RIGHTS RESERVED. Except as stated herein, none of the material on the GenieKnows Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of GenieKnows or the respective copyright owner. Permission is granted to display and use the materials on the GenieKnows Service for personal, noncommercial and informational use only.
GenieKnows has a copyright policy for resolving allegations that any content displayed on GenieKnows infringes copyrights of third parties. Please see our Copyright Policy for more information.
“GenieKnows” and the related product and service names contained in the GenieKnows Service are trademarks of GenieKnows and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of GenieKnows. All other trademarks, product names and company names or logos mentioned or contained on the GenieKnows Service are the property of their respective owners.
Disclaimer of Warranties
GenieKnows disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the GenieKnows Services results. GenieKnows disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. GenieKnows disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the GenieKnows Services.
THE GENIEKNOWS SERVICES, AND ALL CONTENT, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE GENIEKNOWS SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. GENIEKNOWS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GENIEKNOWS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE GENIEKNOWS SERVICES. GENIEKNOWS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED ON OR THROUGH THE GENIEKNOWS SERVICES OR FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GENIEKNOWS SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE GENIEKNOWS SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GENIEKNOWS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE GENIEKNOWS SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GENIEKNOWS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE GENIEKNOWS SERVICES, FROM INABILITY TO USE THE GENIEKNOWS SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE GENIEKNOWS SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GENIEKNOWS SERVICES OR ANY CONTENT, INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE GENIEKNOWS SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE GENIEKNOWS SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE GENIEKNOWS SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall GenieKnows or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures (e.g., loss of or fluctuations server room power or ventilation), electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties.
You agree to indemnify and hold harmless GenieKnows from any claim, action, demand, loss, cost, expense or damages (including attorneys’ fees) made against or incurred by GenieKnows or its affiliates, officers, directors, agents, licensors and business partners arising out of or relating to: (i) your use of and access to the GenieKnows Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions or any other act caused damage to a third party. This defense and indemnification obligation will survive the termination of these Terms of Service and your use of the GenieKnows Services.
You agree that: (i) the GenieKnows Services shall be deemed solely based in the Province of Nova Scotia, Canada; and (ii) the GenieKnows website shall be deemed a passive website that does not give rise to personal jurisdiction over GenieKnows, either specific or general, in jurisdictions other than the Province of Nova Scotia. These Terms of Service shall be governed by the internal substantive laws of the Province of Nova Scotia, without respect to its conflict of laws principles. Any claim or dispute between you and GenieKnows that arises in whole or in part from your use of the GenieKnows Services shall be decided exclusively by a court of competent jurisdiction located in the Province of Nova Scotia. YOU AND GENIEKNOWS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GENIEKNOWS SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Changes in Terms and Conditions and GenieKnows Services
We may modify or terminate any and all aspects of our Services from time to time, for any reason, and without notice or liability to you or any third party. We reserve the right to modify these Terms of Service from time to time by posting the revised terms on this web page without further notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. Your use of the GenieKnows Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
GenieKnows reserves the right, without notice and in its sole discretion, to terminate your permission to use the GenieKnows Services, for any or no reason, and to block or prevent your future access to and use of the GenieKnows Services.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
REVISED: MARCH 6, 2009