Effective Date: October 20, 2021
IMPORTANT NOTICE:THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED UNDER THE SECTION TITLED Dispute Resolution, Governing Laws and Agreement to Arbitrate on an Individual Basis.
The Sites are offered and available to users who are 18 years of age or older. By using any of our Sites, you represent and warrant that you are of legal age to form a binding contract with the Company, and are at least 18 years of age.
Accessing any of our Sites and Account Security
We reserve the right to withdraw or amend our Sites, including any service or material we provide on any of our Sites, such as by disabling any knowbout.me, in our sole discretion without notice. We will not be liable if for any reason all or any part of any of our Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of any of our Sites, or entire Sites, to users, including, if applicable, registered users or those who may have signed up to use services available through our Sites.
You are responsible for both:
Making all arrangements necessary for you to have access to any of our Sites; and
You consent to receiving electronic communications from us and represent that the recipient of every electronic communication sent in connection with your use of any of our Sites has agreed to receive such communications, and that you will not use any of our Sites to send unlawful or unsolicited electronic communications. You agree to receive all communications and notices that we provide in connection with the services, including communications related to our delivery of the Knowbout services and your purchase of a Subscription Plan via electronic means, including by email or in-service notification. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner and you agree to keep your account contact information, including email address, current.
Intellectual Property Rights and License
All of our Sites and their entire contents, features, and functionality (including all information, software, text, graphics, displays, images, video, and audio, and the design, selection, and arrangement thereof) (the "Content") are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to these Terms, genieprints hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to use the Sites for your personal, noncommercial use only. This license does not include any: (i) resale or commercial use of the Sites; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Sites; (iv) any downloading or copying of account information for the benefit of another business, organization, or commercial entity; or (v) any use of data mining, robots, or similar data gathering and extraction tools. You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Sites, in whole or in part. Downloading or copying the Sites (including the Content) for other than personal use is expressly prohibited without the prior written permission of genieprints. You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any of the Sites (which includes the Content), nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Sites or use any meta tags or any other hidden text utilizing our names or trademarks, without the express written consent of genieprints.
Except as we may expressly authorize you, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content, except as follows:
You may operate the Knowpage you create (“Personal Biopage”) subject to the terms herein and the settings we make available for your operation of the Personal page, which may change over time.
Your computer or device may temporarily store copies of materials from our Sites in RAM incidental to your accessing and viewing materials that are accessible on our Sites.
You may store files that are automatically cached by your browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of any of our Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
Modify copies of any materials from any of our Sites.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from any of our Sites.
Alter the appearance or content of a QRcode.
You are solely responsible for all information, materials, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas and other data, materials, and content, including the selection and arrangements thereof, that you create on our Sites, upload to pages or otherwise provide, handle or link to using the Sites, whether created by you or another user (collectively, “User Content”). genieprints is not responsible for the User Content of any user. If you have a problem or other claim relating to a third party’s User Content, or any other problem or other claim that relates to a third-party user, you will resolve the situation with that user directly and will not sue genieprints regarding such User Content.
You hereby grant genieprints an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on your User Content, in whole or in part, in any media, for the purpose of operating and advertising the Sites.
Content Takedown Requests
genieprints complies with applicable intellectual property laws and has a policy of terminating the accounts of repeat infringers. To assist with this policy, genieprints follows a take-down procedure for purported copyright infringement. If you believe that your work has been used in a way that constitutes copyright infringement, please provide the following information to the genieprints Copyright Agent:
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Sites;
your address, telephone number and email address;
a 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;
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest, as applicable; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on such owner’s behalf.
The genieprints Copyright Agent can be reached as follows:
Genie Prints Pvt Ltd
163 Industrial Area
Phase 1 Chandigarh
Email: [email protected]
If we remove or disable access in response to such a notice, or plan to, we may notify the user responsible for the content so that they can object to your request.
When you create a Personal page or use your Qrcode, you may receive information about other users. You may use and disclose this information only in compliance with law.
We may, from time to time, offer certain subscription services on or through one or more of our Sites (a "Subscription Plan"), . We reserve the right to suspend, withdraw or terminate any Subscription Plan service at any time in our sole discretion, whether paid or free, provided that we will issue a pro-rata refund of any prepaid fees for services purchased but not rendered as of the date of such withdrawal or termination, subject to the Refund Policy described further below. Without limiting the foregoing, we reserve the right to charge for any services that currently are free. If we do, we will notify you by email to the address you provided us as part of your subscription to inform you of how long you have to use the services for free before the changes become effective.
If you sign up for a Subscription Plan, you are subscribing to an automatically renewing subscription requiring recurring payments at the stated frequency that you select on the Plans page (e.g., monthly or annually). This section describes Subscription Plans purchased directly with us. If you purchase a Subscription Plan through a third-party App store, the payment terms and conditions of the applicable App store will apply, as discussed in Online Purchases and Other Terms and Conditions below.
When you sign up for a Subscription Plan, you must provide accurate and complete information for a valid payment method, such as a payment card, that you are authorized to use. If you purchase or sign up for a Subscription Plan, you agree that:
You authorize us or our agent (like Stripe) to automatically charge your payment method on a recurring basis at the start of each subscription term for (i) the applicable Subscription Plan charges, (ii) any and all applicable taxes, and (iii) any other charges incurred in connection with your use of the Sites, unless: (a) you terminate your account, (b) you cancel before the applicable renewal date, calculated on Eastern time, (c) Company declines to renew your Subscription Plan, or (d) these Terms are otherwise properly terminated as expressly permitted herein.
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
All of your Subscription Plan payments are subject to the Company’s refund policy, described below under “Refund Policy”.
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase, which taxes you agree to pay in full. Taxes shall not be deducted from the payments to Company, except as required by law, in which case you shall increase the amount payable as necessary so that after making all required deductions and withholdings, Company receives and retains (free from any tax liability) an amount equal to the amount it would have received had no such deductions or withholdings been made.
If any Subscription Plan fee is not paid in a timely manner, or we are unable to process your transaction using the payment method on file, and you do not promptly provide a new eligible payment method through the Knowbout Plan Subscription section of the Billing page in your account or bring your balance current within ten (10) days after we provide you with notification that your account is in arrears, we reserve the right to suspend, disable, cancel or terminate your access to the Site or services or cancel your Subscription Plan or convert it into a Knowbout Free account.
Promotional codes may only be used for your first subscription term. If you purchased your Subscription Plan with a promotional code, each time your Subscription Plan renews, you will be charged the full billing amount. If your Subscription Plan is ever terminated for any reason or you otherwise purchase another subscription, you will not be eligible to use a promotional code.
If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the Subscription Plan and services. If you would prefer to opt out from this service, please contact us. If you would like to use a different payment method or if there is a change in payment method, please visit the knowbout Plan Subscription section of the Billing page in your account to update your billing information.
Your Subscription Plan includes one or more additional features as compared to the QRcode Free service, which may include an increase in the number QRcodes, customization and management options, or advanced analytics, among other features. From time to time, we may choose in our sole discretion to add, modify, or remove benefits and features from a Subscription Plan. A list of the current features included in your Subscription Plan may be found here: We do not represent or warrant that particular benefits or features will be offered indefinitely and reserve the right to change the prices for or alter the features and benefits associated with a Subscription Plan.
Unless required by applicable law, your Subscription Plan payments are non-refundable.
The Company name, the terms Genie Prints, knowbout.me, and all logos and artwork associated with the foregoing terms, and all other product and service names, designs, and slogans appearing on our Sites are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of any of our Sites, or which, as determined by us, may harm the Company or users of any of our Sites, or expose them to liability.
Additionally, you agree not to:
Use any of our Sites to transmit harmful, disabling or malicious code or devices, or infringing, defamatory, unlawful, tortious, deceptive, misleading, fraudulent, abusive, indecent or otherwise offensive content, or content that contains someone’s personal information or violates a third party’s intellectual property, privacy or publicity rights (“Prohibited Content”).
Use any of our Sites in any manner that could disable, overburden, damage, or impair any of our Sites or interfere with any other party’s use of any of our Sites, including their ability to engage in real time activities through any of our Sites.
Use any robot, spider, or other automatic device, process, or means to access any of our Sites for any purpose, including monitoring or copying any of the material on any of our Sites.
Use any device, software, or routine that interferes with the proper working of any of our Sites or services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of any of our Sites, the server on which any of our Sites is stored, or any server, computer, or database connected to any of our Sites.
Attack any of our Sites or services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of any of our Sites.
Communications Decency Act Notice
Commercially available parental control protections (such as computer hardware, software or filtering services) may assist you in limiting access to material on the Internet that is harmful to minors. Current providers of such protections include McAfee and Symantec, as well as others available from this Bing search . Please note that we did not create these parental control tools, we have not tested or evaluated them and we do not endorse them. Any use of such tools is at your sole risk. You should not assume that these or any other third-party parental control protections will work well or at all in connection with the Service.
If you choose to provide us any comments, suggestions or recommendations regarding the Sites (in written or oral form) (“Feedback”), you further represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non- exclusive, royalty-free, perpetual, worldwide, transferable, sublicensable license to use, modify, prepare derivative works from, publish and distribute the Feedback, and (iv) irrevocably waive, and cause to be waived, against us and our users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or our Sites.
Monitoring and Enforcement; Termination
We have the right to:
Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of any of our Sites.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through any of our Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information or materials presented on or through any of our Sites, including, for example, (i) information provided by any user of our Sites, (ii) information presented through a COVID check-in form, (iii) information we offer about the safety or risk of QR codes that you scan or content or links you scan or post. Any reliance you place on such information or materials is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you or any other visitor to any of our Sites, or by anyone who may be informed of any of its contents.
Changes to any of our Sites
We may update the content of our Sites from time to time, but their content is not necessarily complete or up-to-date. Any of the material on any of our Sites may be out of date at any given time, and we are under no obligation to update such material. We may also stop providing the Sites or features of the Sites, to you or to users generally, or we may create usage limits for the Sites.
Additional Terms and Conditions for Online Purchases
Our Sites may offer, or provide links to other Sites that might offer, the ability to purchase goods or services. All purchases through any of our Sites, or other transactions for the sale of goods or services made through any of our Sites, or resulting from visits made by you, are or may be governed by additional terms of sale which will be made available to you at the time of purchase. For example, when you make purchases in the App, you may be doing so through either Apple iTunes service, the Google Play service or the Microsoft Store, and you are agreeing to their respective terms, which as of the Effective Date included terms available at http://www.apple.com/legal/internet-services/itunes/us/terms.html; http://play.google.com/intl/en_us/about/play-terms.html; and https://www.microsoft.com/en-US/storedocs/terms-of-sale.
Online Purchases of knowbout.me Products
Cancellation. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting our customer service by email at [email protected]. We reserve the right, in our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed.
Prices and availability. Prices and promotions are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed. Products offered for purchase through our online store are subject to availability. We strive to communicate accurate pricing and product information, but errors may occur. We are not responsible for any such errors. In the event that an error impacts your order, or a Product ordered is no longer available, we will either contact you for instructions or cancel your order. We reserve the right to change the Products from time to time in our sole discretion and we will have no obligation to notify you before or after any such change in the Products.
Taxes. Unless you provide us with a valid and correct tax exemption certificate, you are responsible for sales and other taxes associated with your purchases through our online store.
Title and Risk of Loss. Title and risk of loss for the Products pass to you upon our transfer of the Products to the shipping carrier.
Restrictions. All Products that are sold to you through knowbout.me are for your own use and may not be resold, relabelled, repackaged, or exported.
Warranty Disclaimer. All Company-branded Products purchased through knowbout.me are subject to any label warranty affixed to the container or packaging of such Products. The above warranties extend only to you and not to any other individual or entity. Our obligation under such warranties is limited, at our option, to the replacement of defective Products or the refund of the purchase price for such defective Products. Company makes no other warranties, either in writing or orally, including on this website or in any marketing brochure or promotional literature. TO THE EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES.
Refunds. For defective Products, we will, at our option, replace the defective Product or refund the purchase price for such defective Product, provided that you submit reasonably satisfactory evidence of such defect. If you submit for a refund or replacement, the original Product you purchased will no longer be scannable/functional. No returns or refunds on non-defective Products.
Linking to any of our Sites
You may link to the homepage of any our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, partnership, approval, or endorsement on our part without our express prior consent.
Links from any of our Sites
If any of our Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to or through any of our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.
Additional Terms for Our iOS App
If you access the App via the Apple, Inc. ("Apple") App Store ( including, without limitation, for iPhone, iPad, iTouch, and iWatch) (each an "iOS App"), the following additional terms also apply:
You will only use the iOS App in connection with an Apple device that you own or control;
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App;
In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the iOS App;
You acknowledge that Apple is not responsible for addressing any claims you or any third party may have in relation to the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation;
You acknowledge and agree that, in the event of any third party claim that the iOS App or your possession and use of the iOS App infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
You agree that, in your use of the iOS App, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or any of our Sites - or the destination a person reaches after scanning a code - will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data. If we offer a feature that warns you about potential risks from QR codes that you scan or content or links you scan or post, we do not guarantee or warrant that this feature will identify every important risk. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ANY OF OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH ANY OF OUR SITES OR ANY WEBSITES LINKED TO OUR SITES, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON ANY OF OUR SITES, OR ON ANY WEBSITE LINKED TO ANY OF OUR SITES.
YOUR USE OF ANY OF OUR SITES, THEIR RESPECTIVE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH ANY OF OUR SITES OR THIRD-PARTY WEBSITES LINKED THROUGH OUR SITES (INCLUDING ANY COVID CHECK-IN FORM THAT WE HOST) IS AT YOUR OWN RISK. OUR SITES, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH ANY OF OUR SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY OF OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH ANY OF OUR SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT ANY COVID CHECK-IN FORM THAT WE HOST WILL CONTAIN ALL COVID SYMPTOMS OR ACCURATELY IDENTIFY INFECTED PEOPLE, OR THAT ANY OF OUR SITES, CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH ANY OF OUR SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY OF OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH ANY OF OUR SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ANY OF OUR SITES, ANY WEBSITES LINKED TO ANY OF OUR SITES, OR ANY CONTENT OR SERVICES PROVIDED THROUGH OR ON ANY OF OUR SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Dispute Resolution, Governing Laws and Agreement to Arbitrate on an Individual Basis
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution
Genieprints wants to address your concerns without needing a formal legal case. Before filing a claim against genieprints, you agree to try to resolve the Dispute informally by contacting [email protected] . Similarly, genieprints will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a Dispute is not resolved within 30 days after the email noting the Dispute is sent, you or genieprints may initiate an arbitration proceeding as described below. Please note that your failure to engage in this process could result in the award of fees against you in arbitration.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.
All claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Streamlined Arbitration and Procedures, excluding any rules or procedures governing or permitting class or representative actions.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Further, notwithstanding any other provision herein, including provisions applicable to arbitration of disputes, either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
For any dispute not subject to arbitration (and excluding any action brought in small claims court), or any action to compel arbitration, stay proceedings pending arbitration or confirm, modify, vacate or enter judgment on the arbitrator’s aware, you and genie agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the State of New York.
You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
30-Day Right to Opt Out
Waiver and Severability
Third Party Beneficiaries
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The section headings used herein are for convenience only and shall not be given any legal import.
Your Comments and Concerns
Our Sites are operated by the Genie Prints Pvt Ltd, 163 Ind Area Phase 1 Chandigarh. If you have questions or concerns about the Sites, please email us at [email protected]