Intellectual Property. All images, text, graphics, video, multimedia files, programs, and other materials (the “Content”) found and published on this Website are protected by all applicable U.S. and international intellectual property laws, including copyright and trademark laws, and owned by GP as the registry operator of the .genesteproperties™ top-level domain, or the party credited. All rights in the Content are expressly reserved by the applicable owner. Any reproduction, distribution, modification, or publication of the Content found and published on this Website is prohibited without the express written consent of GP.
The “GP” Logo, genesteproperties.com®, and .genesteproperties™ are trademarks, service marks, membership marks, and/or logos of Geneste Properties LLC. All GP trademarks, service marks, membership marks, and logos appearing on this Website are the property of GP, and all rights in those trademarks, service marks, membership marks, and logos are reserved. Members of GP using any of the membership marks are bound by and should refer to the rules and regulations governing the use of those marks to ensure proper usage.
Content Submission. Any information, communications, images, or materials you submit to GP, by email or otherwise, are deemed non-confidential, and GP is free to use and reproduce such information freely and for any purpose. You agree that GP is free to use any ideas or concepts contained in any such communication for any purpose whatsoever, including developing, promoting, or discussing this Website. Any such use is without compensation to you, and you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way GP uses such material.
User Responsibility. You assume all responsibility for your use of the Website. You waive all claims against GP and GP’s respective officers, directors, employees, suppliers, and programmers that may arise from the use of the Website. You acknowledge and agree that your use of this Website or the services or products available through this Website:
Account. In order to access some or all of the Content, materials, and services available through this Website, you may be required to create an account for the Website. When creating such an account, you agree to (a) provide true, accurate, current, and complete information about yourself (the “Account Data”) and (b) maintain and promptly update the Account Data to keep it true, accurate, current and complete. Failure to do so shall constitute a breach of these Terms and Conditions of Use, which may result in immediate termination of your access to or use of this Website and any services or products offered through this Website.
Should you choose to create an account with this Website, you will be required to choose account login information, such as a password and username, and you are responsible for maintaining the confidentiality of your account login information. The Account holder is solely responsible for all activities that occur under the account, whether authorized or not. You agree to immediately notify GP of any unauthorized use of your account or any other breach of security. GP will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account login information.
Links to Website. You may not link to this Website from your own website in any manner that suggests GP has any relationship or affiliation with your website or endorses, sponsors, or recommends the information, products, services, or content on your website. GP will not permit links from any obscene, scandalous, profane, defamatory, or unlawful website, or any website that may adversely affect the name, reputation, and goodwill of GP and its products and services and members. GP reserve the right to cancel permission to link at any time, for any reason.
Limitation of Liability. THIS WEBSITE IS PROVIDED BY GP ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY THAT THE WEBSITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. GP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS NOR IMPLIED, AS TO THE USABILITY, CONDITION OR OPERATION OF THIS WEBSITE, OR THAT ACCESS TO OR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GP DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY, AND ACCURACY. YOU AGREE THAT GP IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND PUNITIVE DAMAGES, AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
Reservation of Rights. GP expressly reserve the right to deny, cancel, terminate, suspend, lock, discontinue or modify access to or control of (or otherwise instruct such actions) any account or services or products available through this Website (including the right to cancel or transfer any domain name license) for any reason (as determined by GP in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by GP or the Registrar-of-Record (“Registrar”) in offering or delivering any services (including any domain name license), (ii) to assist with our fraud and abuse detection and prevention efforts, (iii) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (vii) to avoid any civil or criminal liability, or (viii) in the event of your breach of this Agreement, the .genesteproperties™ License Agreement, or the Acceptable Use Policy and Takedown Procedures.
Website Availability. From time to time, this Website may be inaccessible or inoperable for any reason, including but not limited to equipment malfunction or periodic maintenance. You acknowledge and agree that GP has no control over the availability of this Website or any services or products available through this Website on a continuous or uninterrupted basis, and GP assume no liability to you or any other party with regard thereto.
Third-party Websites. This Website may contain links to other websites operated by third parties other than GP. These links are provided as a convenience to access the information contained therein. GP does not endorse or approve of such websites and are not a sponsor, partner, promoter, or publisher of such websites. GP expressly disclaim any responsibility or liability for the content of any other website and do not make any representations or warranties with respect to any goods or services that may be obtained from such third party websites. These websites usually have their own terms and conditions, including privacy policies, over which GP has no control and which will govern your rights and obligations with respect to those websites.
Governing Law. These Terms and Conditions of Use shall be governed by the laws of the United States of America and the State of Colorado, as if these Terms and Conditions of Use were a contract wholly entered into and wholly performed within the State of Colorado, and without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Colorado to the rights and duties of the parties. Any action relating to these Terms and Conditions of Use may be brought exclusively only in the United States District Court for the Northern District of Colorado (Eastern Division) or in the state courts of Denver County, Colorado, and each party to this agreement expressly and irrevocably consents and submits to the jurisdiction and venue of such courts, and courts of appeal therefrom, in connection with any such legal proceeding.
Changes. GP reserve the right to change, modify or amend these Terms and Conditions of Use at any time without notice or liability. Any such change, modification, or amendment shall become effective upon posting to the Website. Your use of the Website following any such change, modification, or amendment shall be conclusively deemed to be your acceptance thereof. Please check the Website periodically for updated Terms and Conditions of Use.
Contact Information. If you have any questions about these Terms and Conditions of Use, you can contact GP at [email protected]