TERMS AND CONDITIONS
All content of this website is copyright © GENIUSREACH All rights reserved.
By using network services, you agree to be bound by these terms. If you do not agree, please, do not use network services.
These Terms and Conditions represents terms and condition of Agreement between you and the Provider. These Terms and Conditions are incorporated into any contract between the Provider and you as a Client/Partner (Publisher) under the license to provide and use of GENIUSREACH or the Advertiser under the license of use GENIUSREACH.
You acknowledge that we have the right, at any time and from time to time, to modify any or all of GENIUSREACH prices announced in a prior notification. Further, we reserve the right, in our sole discretion, at any time and from time to time, to modify any or all of GENIUSREACH, or to discontinue the publication, distribution, sale or licensing of any or all of GENIUSREACH without liability of any kind.
Except as otherwise mutually agreed in writing, you shall be responsible for all costs associated with its performance of this Terms and Conditions. You will indemnify and hold us harmless from any obligation to pay any governmental entity any employer statutory taxes, withholding taxes, social security taxes or other taxes, levies or duties in connection with your performance under this Terms and Conditions, and from any and all damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs of litigation) arising out of or resulting from this Terms and Conditions.
Orders are considered as accepted by receiving a confirmation email to your registered email address and declares conclusion. The Provider reserves the right not to accept an order/contract or recall accepted order/contract at its discretion.
As between the Provider and you, all rights, title and interest in and to GENIUSREACH and associated Provider promotional materials and documentation, including without limitation all copyrights, patent rights, trademark and service mark rights, trade secret rights and other intellectual property rights are and will remain the property of Provider, and such items may only be used by you as expressly permitted hereunder. You shall not remove, alter or otherwise modify any copyright, trademark or other notices of proprietary interest contained within the source code, our promotional materials, and/or documentation.
If you are using GENIUSREACH on behalf of a business, that business accepts these terms. It will hold harmless and indemnify the Provider and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the GENIUSREACH or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
3. Using GENIUSREACH
You must follow any policies made available to you within GENIUSREACH. Don’t misuse GENIUSREACH. For example, don’t interfere with GENIUSREACH or try to access them using a method other than the interface and the instructions that we provide. You may use GENIUSREACH only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing GENIUSREACH to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using GENIUSREACH does not give you ownership of any intellectual property rights in GENIUSREACH or the content you access. You may not use content from GENIUSREACH unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in GENIUSREACH. Don’t remove, obscure, or alter any legal notices displayed in or along with GENIUSREACH.
GENIUSREACH displays some content that is not GENIUSREACH’s. You are responsible for information or material which you transmit or access via GENIUSREACH and all content must comply with Advertising guidelines. Third-party content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of GENIUSREACH, we may send you service announcements, administrative messages, and other information.
GENIUSREACH is available on mobile devices. Do not use GENIUSREACH in a way that distracts you and prevents you from obeying traffic or safety laws.
We do not monitor or control any of the material that is transmitted or accessed via GENIUSREACH. You should ensure that any person using GENIUSREACH via your network is familiar with and accepts the content of these terms. In a case of any technical barriers or inability to activate GENIUSREACH, we will notify you as soon as possible and agree on other proceedings. The Provider may make improvements to the technical specification of GENIUSREACH. In case these changes affect GENIUSREACH functioning, Provider will inform you in advance.
GENIUSREACH is compatible with selected hardware therefore, you install the hardware and we do not guarantee the proper functioning of GENIUSREACH running on the equipment supplied by the third party. You agree not to install or use, or let any third party install or use, any device on your network with the intention of monitoring or intercepting data passing into or out of GENIUSREACH. The Provider requires an active, working broadband connection at all times. The provision of a working broadband connection at the venue is the sole responsibility of the Publisher.
The GENIUSREACH service requires an active, working broadband connection at all times. The provision of a working broadband connection at the venue is the sole responsibility of the Publisher/Customer.
4. GENIUSREACH Account
You need to create an GENIUSREACH Account in order to use GENIUSREACH. You may create your own GENIUSREACH Account as a Publisher or Advertiser, as a Partner your basic account can be upgraded to an administrator’s one, an administrator may be able to access or disable managed accounts.
To protect your GENIUSREACH Account, keep your password confidential. You are responsible for the activity that happens on or through your GENIUSREACH Account. Try not to reuse your GENIUSREACH Account password on third-party applications. If you learn of any unauthorized use of your password or GENIUSREACH Account, inform us immediately on [email protected] You open one account despite the fact what type of account you need to. The usage itself defines following types of accounts:
GENIUSREACH Publisher’s account – account is active after the successful registration. We send you confirmation about GENIUSREACH activation to your registered email. GENIUSREACH active account needs to have created brand to serve proper information to End users and to have registered hotspot or provided mobile application by GENIUSREACH.
GENIUSREACH tariff version account serves for self-promotion within own network. In case no Ad is created, the brand page is also shown on the second screen (ad page). After free trial for flat fee tariffs (FFTs) lapses (if any), paid period starts and we charge the tariff price in the beginning of the accounting period or invoice will be issued to cover the tariff price in agreed amount and due day. The accounting period starts from the day of registration and lasts 28-31 days due to calendar days.
GENIUSREACH Advertiser’s account. The Advertiser’s account is active after the successful registration. The Advertiser’s Ads will be displayed after their creation in GENIUSREACH Dashboard and sufficient credit amount for its display is prepaid. Your Ads will be displayed due to set targeting and maximum price per view or click defined by RTB (real time bidding) system. Your Ad stops displaying when the credit amount consummates. Credit new amount to be spent on displaying for reactivation the Ad.
Premium internet access. GENIUSREACH enables you to sell your internet access to End users by creating Premium internet access, you become a Network operator then. Premium internet access is defined for every Brand separately. Received payment for each Premium internet access is deducted by GENIUSREACH’s commission in the amount of 25 %.
You, as the Network operator, undertake to: – set the price and the length of connections; you can set one or more paid Premium internet access under one Brand; – take the whole responsibility for the functional and proper internet access; – issue the invoice to the End user (if requested); GENIUSREACH provides End Users with a statement about the payment; – fulfill all claims; – pay back to the End users the whole payment paid for Premium internet access (GENIUSREACH’s commission included) in a case of the claim; – enter email (compulsory) and phone number (voluntarily) to enable End User to contact you in relation to Premium internet access. You are allowed to display your own Terms and Conditions next to the GENIUSREACH’s Terms & Conditions, GENIUSREACH’s Terms & Conditions prevail in case of contradiction. GENIUSREACH reserves the right to terminate Premium internet access service and/or whole GENIUSREACH account to the Network operator in the case recurring End user’s claim or in the case of threat of damage to GENIUSREACH reputation without any compensation and any other rights.
SMS verification. You may enable SMS verification. SMS verification is a paid service that enables authentication when law requirements in your location or your own consideration. You may interact with End users’phone for the sole purpose of service activation and sending incoming messages to his inbox for your further business communications or your affiliate partners. The Provider may use the third party service in order to send End user an authentication SMS for verification. In order to send End user the SMS, the Provider sends one of these third party services End users’ phone number and the authentication message. These third parties are contractually obligated to only use End users’ phone numbers for the transmission of the authentication SMS. You may contact End user and send him messages about faults and service issues. Furthermore, the Provider and you have reserved the right to use email or SMS to notify you of any eventual claims related to End users’ use of network services, including without limitation claims of violation of third party rights.
Payments will be calculated solely based on our accounting. Payments to you may be withheld to reflect or adjusted to exclude any amounts refunded or credited to Advertisers, To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account. You are responsible for any charges assessed by your bank or payment provider.
The purchased advertising credit is valid till expired time. The new credits will be used after you use your old credits.
5. Privacy and Copyright Protection
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers. We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us at [email protected]
GENIUSREACH allows you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. When you upload, submit, store, send or receive content to or through GENIUSREACH, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with GENIUSREACH), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving GENIUSREACH, and to develop new ones. This license continues even if you stop using GENIUSREACH. Make sure you have the necessary rights to grant us this license for any content that you submit to GENIUSREACH.
You agree neither to register, nor to have registered, any trademark, trade names or other commercial designations of the Provider (or which are confusingly similar to those of the Provider) in the territory you provide the service or elsewhere.
You agree to allow the company to use its name and logo for representing the venue as a customer of the company. The name and logo will always remain the property of the customer and it will not be used by the company for any other purpose.
6. Our Warranties and Disclaimers
We provide GENIUSREACH using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about GENIUSREACH.
Other than as expressly set out in these terms or additional terms, neither the Provider nor its suppliers or distributors make any specific promises about GENIUSREACH. For example, we don’t make any commitments about the content within GENIUSREACH, the specific functions of GENIUSREACH or its profitability, reliability, availability, or ability to meet your needs. We provide GENIUSREACH “as is”. To the extent permitted by law, we exclude all warranties, express, statutory or implied. We expressly disclaim the warranties or conditions of noninfringement, merchantability, and fitness for a particular purpose.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
The Provider gives no warranty and makes no representation in respect of GENIUSREACH including, without limitation, the availability of GENIUSREACH as specified in these Terms and hereby excludes, to the fullest extent permitted by law, all conditions, warranties, terms, undertakings and representations, express or implied, whether by statute, common law or otherwise in relation to GENIUSREACH.
The Provider shall not be liable to you whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss, exemplary, or punitive damages or damage arising out of or in connection with the use of GENIUSREACH for loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information, and downtime. For the avoidance of doubt, neither the types of loss and/or damage specified in articles of Liability above inclusive nor any similar types of loss and/or damage shall constitute a direct loss for the purposes of this Agreement.
When you connect to the internet through GENIUSREACH you will visit a “splash page” which contains access information and may contain information about the Publisher or the third party. The Provider is not responsible for any content contained on the “splash page”. The Publisher confirms that he owns it or he is authorized to use all materials appearing on the “splash page” and that he gives permission to the Provider to use such material in the creation of the “splash page” and in any other way necessary to deliver GENIUSREACH
To the extent permitted by law, the total liability of the Provider, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the net amount you paid us in connection with this Agreement to use GENIUSREACH during the three-month period immediately preceding the date of the claim. In all cases, the Provider, and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.
You acknowledge that you have entered into the Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
8. About these Terms
Date of issue 01. 05. 2017