Terms and Conditions
Your relationship with Genius Fusion
1.1 Your use of Genius Fusion, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Genius Fusion under a separate written agreement) is subject to the terms of a legal agreement between you and Genius Fusion. Genius Fusion main place of business is at Buffalo, NY 14226, and registered as company. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Genius Fusion, your agreement with Genius Fusion will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with Genius Fusion will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Genius Fusion in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(a) clicking to accept or agree to the Terms, where this option is made available to you by Genius Fusion in the user interface for any Service; or
(b) by actually using the Services. In this case, you understand and agree that Genius Fusion will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if
(a) you are not of legal age to form a binding contract with Genius Fusion, or
(b) you are a person barred from receiving the Services under the laws of The Bahamas or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where Genius Fusion has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Genius Fusion.
4. Provision of the Services by Genius Fusion
4.1 Genius Fusion has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Genius Fusion itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Genius Fusion is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Genius Fusion provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Genius Fusion may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Genius Fusion sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Genius Fusion when you stop using the Services.
4.4 You acknowledge and agree that if Genius Fusion disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while Genius Fusion may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Genius Fusion at any time, at Genius Fusion discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Genius Fusion will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from The Bahamas or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Genius Fusion, unless you have been specifically allowed to do so in a separate agreement with Genius Fusion. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Genius Fusion, you agree that you will not reproduce, duplicate, copy, the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Genius Fusion has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Genius Fusion may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Genius Fusion for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Genius Fusion immediately at firstname.lastname@example.org
7. Privacy and your personal information
7.1 You agree to the use of your data in accordance with Genius Fusion privacy policies.