The following describes the terms and conditions under which GenieTown grants you the right to access and use the GenieTown website located at www.GenieTown.com and related GenieTown websites (the "GenieTown Website") and the services offered by GenieTown through the GenieTown Website or otherwise that support this authorized use (the "Services"). If you do not agree to these terms and conditions, including our Privacy Policy, which is located at http: //www. genietown.com / genietown /privacy , and any other agreements or terms linked into this agreement (this "Agreement"), you are not authorized to access or use the GenieTown Website or Services. Your use of the GenieTown Website or Services constitutes your acceptance of this Agreement, including our Privacy Policy.
At GenieTown, our mission is to create a community in which customers can find the service providers that they seek, and do so efficiently and inexpensively. Our ratings system helps the people or entities that request services using the GenieTown Website ("GenieTown Customers") identify independent service providers with proven performance in the areas that matter most to them. We also allow independent service providers to identify which GenieTown Customers are excellent, problematic or in between.
If you are a current or potential GenieTown Customer, you are authorized to access and use the GenieTown Website and Services in accordance with the terms of this Agreement, only for your personal use, specifically to search for and engage an independent service provider who can perform the services you seek, and the other uses of the GenieTown Website that support this authorized use. If you are an independent service provider, you are authorized to access and use the GenieTown Website or Services, in accordance with the terms of this Agreement and your Independent Service Provider Agreement, only for the purposes of performing services for GenieTown Customers and the other uses of the GenieTown Website that support this authorized use. In using the GenieTown Website and Services, you agree to refrain from each of the following:
Additionally, GenieTown requires your use of our infrastructure to be reasonable. If we determine that your usage is excessive, we will work with you to reduce it, which may be required as a condition of your continued use.
The GenieTown Website and Services are for your own personal use. The information that we provide about GenieTown Customers or independent service providers is only to be used in connection with their provision of services for GenieTown Customers. If GenieTown determines that you are misusing or attempting to misuse the GenieTown Website or Services, or to use them for an inappropriate purpose, or violating the terms or the spirit of this Agreement, then GenieTown is entitled to take action against you. This includes, without limitation, taking technical and legal steps to restrict, suspend or terminate your access to the GenieTown Website and prohibit you from using it, and seeking legal fees, costs and expenses, and injunctions or other equitable remedies.
If you find any offences of this Agreement, please report them to us at abuse@GenieTown.com.
At GenieTown, we provide the tools to help GenieTown Customers and independent service providers find one another. Although we require independent service providers to be licensed at the time of their registration with GenieTown, we cannot warrant, represent or guaranty that they will continue to be licensed after registration, or that they are bonded or free from judgments at the time a GenieTown Customer contracts with that independent service provider. We recommend that GenieTown Customers confirm these matters themselves prior to entering into contracts with independent service providers.
Additionally, GenieTown does not make any guarantees, warranties or recommendations regarding the independent service providers listed on the GenieTown Website, their work or the outcome. Although we provide our ratings system to inform GenieTown Customers of the ratings of independent service providers given by other GenieTown Customers, GenieTown does not endorse or recommend any particular independent service provider. GenieTown cannot guarantee that their work will be performed, that it will be performed satisfactorily, that any independent service provider will agree to perform the service that a GenieTown Customer requests. We cannot ensure the quality of the work that independent service providers perform, or be responsible for their actions or inactions.
GenieTown is not a party to any contract entered into between a GenieTown Customer and an independent service provider. It is up to GenieTown Customers and independent service providers to enter into a contract for their job, and to resolve any disputes directly with each other.
We do not charge GenieTown Customers for our Services, but our independent service providers do pay us a reasonable transaction fee when a GenieTown Customer accepts their bid. A description of GenieTown's transaction fees is located at http://www.genietown.com/fees. Please refer to our transaction fee schedule regularly, as we may revise it at any time without notice. GenieTown Customers are advised to ensure that all transactions with an independent service provider occur via the GenieTown Website, and to report at abuse@GenieTown.com any independent service provider who attempts to circumvent this obligation.
Much of the value of our GenieTown Website comes from the feedback of our users. We appreciate your input and participation. When you give us or our independent service providers your content in any media, including your feedback, recommendations, ratings, ideas, stories, messages and other documents, and photographs, videos and/or any other media images of you, your home or other property, and/or members of your family ("Content"), you grant GenieTown a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in the Content, in any media known now or in the future. You hereby give GenieTown your consent and permission to use such Content for purposes of promoting GenieTown's business, including for use on its website located at www.GenieTown.com. You hereby waive and/or assign any and all rights (including copyright) in such Content to GenieTown. GenieTown, as the sole owner of such Content, shall have the exclusive right to control and determine the use, display, performance, reproduction and dissemination of any such Content.
Additionally, if you are one of GenieTown's independent service providers, you acknowledge that you have obtained the written or electronic consent of your GenieTown customer prior to uploading any Content relating to work that you have done for them to your GenieTown Profile, and waive and/or assign to GenieTown any and all rights (including copyright) in such Content. GenieTown, as the sole owner of such Content, shall have the exclusive right to control and determine the use, display, performance, reproduction and dissemination of any such Content.
The Content that any user posts is the sole responsibility of the person from whom the Content originated. GenieTown does not control the Content posted on the GenieTown Website, and as such, cannot and does not guaranty the accuracy, appropriateness, or quality of such Content. You understand that by using the GenieTown Website you may be exposed to Content that is offensive, indecent or objectionable for various reasons. GenieTown is not liable for any Content, including, without limitation, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content that is posted, emailed, transmitted or otherwise made available on the GenieTown Website. You agree not to hold GenieTown responsible for the actions or inactions of other users, including Content that they post. GenieTown reserves the right to edit, modifies, delete or otherwise remove from the GenieTown Website Content that is offensive, illegal or unauthorized in GenieTown's sole discretion.
At times, the GenieTown Website may contain links to third party websites as a convenience to our users. These linked websites are not under GenieTown's control, and GenieTown is not responsible for the contents or functionality of any linked website, or any transmission received from any linked website.
We use your personally identifiable information only as described in our Privacy Policy, which is located at http://www.genietown.com/genietown/privacy. We do not sell or rent your personal information to third parties for marketing purposes without your explicit consent.
GenieTown does not assist in the provision of services between GenieTown Customers and independent service providers, and is not a party to any contracts between them. Therefore, we cannot control and do not guarantee the appropriateness, quality, legality, or adequacy of the services being performed; the truth or accuracy of the independent service provider's information; that every job will find an independent service provider; that independent service providers will perform their services to the expectation of the GenieTown Customer; or that GenieTown Customers will pay for their services. Therefore, you agree that you will not hold GenieTown liable for the actions or inactions of others.
OUR SERVICES AND THE GENIETOWN WEBSITE ARE PROVIDED ON AN "AS IS" BASIS, AND YOUR USE OF THE SERVICES AND THE GENIETOWN WEBSITE IS AT YOUR OWN RISK. GENIETOWN DOES NOT MAKE, AND HEREBY DISCLAIMS, TO THE EXTENT LEGALLY PERMITTED, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. GENIETOWN DOES NOT WARRANT THAT THE GENIETOWN WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. GENIETOWN IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE GENIETOWN WEBSITE OR SERVICES, OR FOR THE ACTIONS OR INACTIONS (INCLUDING FAILURE TO PAY) OF ANY GENIETOWN CUSTOMER, INDEPENDENT SERVICE PROVIDER, OR OTHER USER OF THE GENIETOWN WEBSITE OR SERVICES, INCLUDING THE CONTENT THEY POST. IF YOU HAVE A DISPUTE WITH A GENIETOWN CUSTOMER, INDEPENDENT SERVICE PROVIDER OR OTHER PARTY, IT IS YOUR RESPONSIBILITY TO RESOLVE IT WITH THEM DIRECTLY.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. If in such cases, or any other cases, we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to GenieTown (but not to any independent service provider) in the twelve (12) months prior to the action giving rise to the liability and (b) $100.
Although we sincerely hope that disputes among our users can be avoided, if you have a dispute with one or more users of the GenieTown Website, you release GenieTown (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
It is your obligation to use the GenieTown Website and Services only in accordance with all applicable laws and regulations. You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, your Independent Service Provider Agreement, or your violation of any law or the rights of a third party.
Except as explicitly stated otherwise, if you need to give legal notice to GenieTown, you may do so at notice@GenieTown.com. GenieTown may send you legal notices at the email address you provide to us during the registration process. It is your obligation to keep your registration information current. Notice shall be deemed given 24 hours after email is sent.
GenieTown may amend this Agreement at any time by posting the amended terms on the GenieTown Website. Except as stated elsewhere, all amended terms shall be effective thirty (30) days after their initial posting on the GenieTown Website. This Agreement may not be amended otherwise except in a writing signed by you and GenieTown.
This Agreement is made under and will be governed by and construed in accordance with the laws of the State of California (except that body of law controlling conflicts of law) and specifically excluding the United Nations Convention on the International Sale of Goods. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Santa Clara County, California. The prevailing party in any litigation between the parties shall recover its reasonable attorneys' fees and costs from the non-prevailing party. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. This Agreement shall be binding on the parties' successors and assigns. Non-performance by either party shall be excused to the extent that performance is rendered impossible for reasons beyond the control of such party. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following sections survive any termination of this Agreement: Independent Service Providers, Content, Liability, Release, Indemnity and these Additional Terms.
This Agreement is effective upon acceptance. It may be amended, and amendments will be posted on the website.