1.Access to your TeamofGenius Account

Subject to the terms and conditions of this Agreement, the Service is solely for User’s personal use. As used herein, “User” includes TeamofGenius’s paying customers (“Customers”). This Agreement sets forth certain terms and conditions that apply to Customers, but not other Users. In the event any Customer-specific terms or conditions conflict with any of the terms or conditions that apply to Users generally, the Customer-specific terms/conditions shall control.

TeamofGenius may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. TeamofGenius may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability; including prepaid licenses.

User certifies to TeamofGenius that if User is an individual (i.e., not a corporation) User is at least 13 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.

4.Registration; Security

As a condition to using certain products and services of the Service, User may be required to register with TeamofGenius and select a password. User shall provide TeamofGenius with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. TeamofGenius reserves the right to refuse registration of, or cancel a TeamofGenius User in its discretion. User shall be responsible for maintaining the confidentiality of User’s TeamofGenius password and other account information.

5.YouTube API Services

By using our services, you acknowledge and agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms). Our platform uses the YouTube API services as part of its functionality.

6.Termination

TeamofGenius may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TeamofGenius account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by TeamofGenius if you materially breach this Agreement and fail to cure such breach within thirty (30) days from TeamofGenius’s notice to you thereof; provided that, TeamofGenius can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

7. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting, uploading or otherwise submit Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, upload or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting, uploading or submitting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We reserve all rights to block or remove communications or materials that we determine to be: (i) abusive, defamatory, or obscene; (ii) fraudulent, deceptive, or misleading; (iii) in violation of a copyright, trademark or, other intellectual property right of another or; (iv) offensive or otherwise unacceptable to us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.

8.Changes

TeamofGenius reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. TeamofGenius may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

9. Warranties

If User is a Customer, TeamofGenius makes the following warranty to Customer: TeamofGenius shall use commercially reasonable efforts consistent with prevailing industry standards to provide the services in a professional and workmanlike manner that is free of defects. Customer’s sole remedy, and TeamofGenius’s exclusive liability, for defects in the Service shall be for TeamofGenius to use commercially reasonable efforts to promptly correct such defects.

Customer represents and warrants that: (i) with respect to all information it provides to TeamofGenius (such as, Recipient Information), Customer has the full right and authority to make such provision and to allow TeamofGenius to use such information to provide the Service (including, without limitation, for TeamofGenius to provide such information to its data providers), (ii) none of the content (e.g. emails) transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Service will infringe or otherwise conflict with the rights of any third party.

10. Warranty Disclaimer

The Website is provided “as is”. TeamofGenius and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TeamofGenius nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. TeamofGenius is not responsible or liable for any impact or changes to any third party accounts, memberships, profiles or subscriptions as a result of becoming a customer of TeamofGenius.

11.Security

In no event will TeamofGenius, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to TeamofGenius under this agreement during the twelve (12) month period prior to the cause of action. TeamofGenius shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

12.General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the TeamofGenius Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

13.Privacy

TeamofGenius’s current privacy policy is available at the Site (the “Privacy Policy”), which is incorporated by this reference. TeamofGenius strongly recommends that you review the Privacy Policy closely.

14.Copyright

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TeamofGenius or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content on the Site is the exclusive property of TeamofGenius and protected by U.K. and international copyright laws. All software used on (or provided through) the Site is the property of TeamofGenius or its software suppliers and protected by United States and international copyright laws.

15.Indemnification

You agree to indemnify, defend and hold harmless TeamOfGenius, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands. These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to or otherwise submit to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.