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Terms of Use

The following is a legal agreement between Free the Genie (FTG) and "you," the user of this Site.

By accessing, browsing and/or using this Web site ("Site"), you acknowledge that you have read, understand, and agree to be bound to these terms of service ("Terms") and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use this Site.

Your Use of the Site
FTG hereby grants you a limited license to use the materials, features, and services provided by FTG on this Site (collectively the "Materials") solely for your personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or Site Materials or posting of Materials on other Web Sites is strictly prohibited.

The products, technology, and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by FTG or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of FTG or any third party.

Copyright
All of the Material available on the Site is copyrighted.

Trademarks
FTG logo are service marks or registered service marks. All rights reserved. Use of the FTG trademarks is strictly prohibited.

Patents
This web site or portions thereof are covered by United States Patents.

Acceptable Use Policy
FTG has adopted the following Acceptable Use Policy in order to assure that it.s used in a lawful and appropriate manner. FTG reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is prohibited on the service:

  • sending harassing, abusive, or threatening messages;
  • sending obscene or pornographic messages or images;
  • sending defamatory or libelous messages;
  • sending viruses or other harmful, disruptive, or destructive files;
  • attempting to steal passwords or credit card information;
  • sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
  • attempting to conceal or misrepresent the identity of the sender.

Violations of the FTG's Policy will not be tolerated. If the sender is a member of FTG's subscription service, FTG may disable the sender's account without compensation or refund. FTG RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY FTG TO ADDRESS PAST VIOLATIONS OF THis AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

Spam
You may not use this Site to send to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. FTG reserves the right to limit, in its sole discretion and without prior notice to you, the number of messages that you may send using the Site and/or the number of recipients to which you send such messages.

You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.

Warranty Restriction; Limitation of Liability
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. FTG IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC MESSAGES SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

NEITHER FTG NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF FTG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT FTG AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.

NEITHER FTG NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS FTG AND ITS AFFILIATES AND PARTIES WITH WHOM FTG HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.

International Use
Neither FTG nor its affiliates make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Indemnification
You hereby indemnify, defend and hold harmless FTG and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. FTG reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Enforcement by FTG
In the event FTG determines, in its sole discretion, that you have violated these Terms, FTG shall have the right to immediately terminate your account (with or without refund), refuse membership, or block the sending or receipt of from our Site, and/or pursue any other remedies available to it under applicable law.

Governing Law
This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of New York.

Updates to Terms
FTG shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.

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