1. Scope of these terms
You specifically agree not to:
i. use the Geperion Services to undertake or accomplish any unlawful purpose, including but not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
ii. post, store, send, transmit, or disseminate on the Geperion Services any information or material which a reasonable person could deem to be unlawful.
iii. upload, post, publish, transmit, reproduce, create derivative works of, or distribute on the Geperion Services in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
iv. post on the Geperion Services unsolicited bulk or commercial messages commonly known as "spam";
v. participate in the collection of very large numbers of data size: uploaded files, contact information or other identifiers of others (without their prior consent) from the Geperion Services, a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity;
vi. impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, "phishing") on the Geperion Services;
vii. register under the name of, nor attempt to use the Geperion Services under the name of, another person;
viii. allow another person to access the Geperion Services using your credentials;
ix. capture, rip, download, or otherwise create a copy of any content that is shown on the Geperion Sites without obtaining any required permission of the content owner;
x. take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any movie or other entertainment program, service or product that may be presented by the Geperion Services;
xi. attempt to or circumvent any method used by Geperion to control access to the Web Services, including, but not limited to, spoofing, or otherwise impersonating an IP address for your computer that is not actually assigned to your computer or setting up a proxy or other device that allows others to access the Web Services through it. 5. Ownership and Intellectual Property
i. Proprietary Rights
. You agree that all rights, title, and interest in and to the Website, Services, Geperion API, the technology underlying each of them, all modifications and any work product we create relating thereto, and all intellectual property rights in each of the foregoing, including, without limitation, patent, copyright, trademark, database rights, moral rights, rights in know-how and trade secrets (and any licenses in connection with any of them) throughout the world, whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world, are and will remain the sole and exclusive property of Geperion, its licensors or affiliates. Except for access to the Services, no other rights are granted to you with respect to the Website or Services. Geperion reserves all rights not expressly granted in this Agreement.
ii. Geperion Marks.
Geperion® and all other Geperion marks (the “Geperion Marks”) are the trademarks or service marks of Geperion or its affiliate. All other marks and logos are property of their respective owners. You may not use the Geperion Marks, including in metatags or any “hidden text”, without our prior written permission. You may not use Geperion. Marks in any manner that disparages Geperion or its products or services or portrays Geperion in a false, competitively adverse, or poor light. Your use of Geperion Marks is subject to the usage guidelines made available by Geperion from time to time. You agree not to contest the ownership of the Geperion Marks or to register or attempt to register any confusingly similar mark in any jurisdiction for any reason.
. You hereby grant to Geperion, its affiliates, resellers and other partners that resell and/or distribute the Services on behalf of Geperion ("Partners") to end users’ permission to use your name, logo, and other proprietary marks for Geperion and its Partners' promotional, informational, and advertising purposes. You may revoke your consent by sending a request to firstname.lastname@example.org
. If you elect to provide any Feedback, you agree that all such Feedback is non-confidential and that we own all rights to use and incorporate such Feedback into the Services, or any other product or service, without payment or attribution to you. Claims of Copyright Infringement. If you believe that your work has been used related to the Website or Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Geperion at email@example.com. Content on the Geperion Services
You may access and use the Site and Content for your own internal business purposes in accordance with this Agreement and the limitations of the subscription plan that you select when subscribing to the Services(“Subscription Plan”). You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Content, User Content without prior written permission. Geperion and its licensors own all right, title, and interest, including all worldwide intellectual property rights in the Site, Content and the trademarks, service marks and logos contained therein other than your User Content.
a. User content
You are solely responsible for the content that you submit to the Site or transmit to other Users. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site. Geperion does not have any ownership rights in your User Content. Geperion cannot use or display your User Content. All data provided by user is private and forbidden to show or post anywhere. Geperion has access to User content only according to user request. You may remove your User Content from the Site at any time.
You acknowledge and agree that Geperion Inc may, at its option, establish limits concerning User Content, including without limitation the maximum size of data or any other information that may be entered or uploaded to the Site.
Geperion has no ability to control the User Content that are uploaded, posted, or otherwise transmitted using the Site and does not have any obligation to monitor such User Content for any purpose. Geperion does not endorse any User Content, or any opinion, recommendation, or advice expressed therein, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Geperion with respect thereto.
b. User Data
. Geperion does not claim intellectual property rights over the User Data including contacts and address book data and other data you upload to the Service. Your User Data uploaded remains yours. Geperion will not re-distribute, publish, or disclose publicly any uploaded User Data unless required by law.
c. Access to Beta Versions
. Geperion may provide you with access to new functionality, tools, resources, and related information which are not yet generally available to our users (“Beta Version”). Geperion may suspend, limit, or terminate access to a Beta Version at any time. You agree that Beta Versions are the confidential information of Geperion and not to disclose any information about any Beta Version to any third party or use the Beta Version other than for your internal testing and evaluation purposes and otherwise in accordance with this Agreement. You agree that Geperion is under no obligation to make any portion of any Beta Version generally available in a new release of the Services and that Geperion makes no representations or warranties, whether express or implied, with respect to the performance, availability, functionality, or general release of any Beta Version.
7. Termination and Cancellation, Refund
You may terminate your Geperion account at any time and for any reason by navigating to the Account page and clicking Cancel Account or sending an email from your registered email address with Geperion account. Upon Cancellation, all your User Data will be deleted from Geperion servers and cannot be recovered.
In case of termination, your purchase of a service may or may not provide for any refund. Each specific service will specify its own refund policy separately or upon service subscription.
Geperion shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infector otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any of the Materials from the Web Site. Geperion recommends that you install appropriate anti-virus or other protective software.8. Changes to the terms
Geperion Inc reserves the right to change these Terms from time to time consistent with applicable contract laws and principles. When these changes are made, Geperion will make a copy of the updated Terms available at this web page and will also make any updated Terms available to you by e-mail, direct mail, or other reasonable means as selected by Geperion.
Geperion Inc will make the updated Terms available to you before they take effect. You understand and agree that if you use the Geperion Services after the date on which the Terms take effect, Geperion will treat your use as acceptance of the updated Terms.9. Exclusion of warranties
YOU AGREE THAT YOUR USE OF THE GEPERION SERVICES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE GEPERION SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THE GEPERION SERVICES OR ANY MATERIAL AVAILABLE THROUGH THEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE GEPERION SERVICES.
THE GEPERION SERVICES ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." GEPERION AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE GEPERION SERVICES, NOR DO THEY GUARANTEE THAT THE GEPERION SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE GEPERION SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.10. Limitation of liability
UNDER NO CIRCUMSTANCES SHALL GEPERION (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THE GEPERION SERVICES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF THESE DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THESE STATES, THE LIABILITY OF GEPERION AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE STATE LAW. YOU AGREE THAT THE LIABILITY OF GEPERION (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO GEPERION SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO GEPERION FOR THE USE OF THE GEPERION SERVICES WITHIN PAID PERIOD.11. Arbitration
The Site is controlled, operated, and administered by Geperion Inc from within the State of Delaware, in the United States. The Site can be accessed from all states and territories of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Delaware State, by accessing the Site, you acknowledge and agree that all matters relating to access to, or use of the Site shall be governed by the laws of the State of Delaware and the federal laws of the United States applicable therein (without reference to conflicts of laws principles).
Geperion Inc welcomes your feedback about the Geperion' Services. Any communications you send to Geperion are deemed to be submitted on a non-confidential basis and become the sole property of Geperion. Geperion may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All of these uses by Geperion shall be without liability or obligation of any kind to you.