Effective date: July 18, 2022
Important: Please carefully read these terms and conditions of use (“Terms of Use”) before using any of the Services because they form a legally binding agreement between you and Genius Loci, Inc. (“Genius Loci”). These Terms of Use include limitations of liability, an arbitration clause, which limits your right to seek relief in a court of law, and other important information about your rights, obligations, age, and ability to consent.
WELCOME TO THE Genius Loci ONLINE PLATFORMS!
I. Acceptance
By using or accessing the Genius Loci website currently available at Geniusloci.us (together with any successor sites, the “GL Site”), and the Genius Loci Archive website currently available at Memorycorps.geniusloci.us (together with any successor sites, the “Archive Site”, any Genius Loci future mobile application (each, an “App”), and all related software, data feeds, widgets, materials, content and any other services or products available on or through the Sites and/or App (collectively, the “Services”), you are agreeing to be bound by these Terms of Use and to abide by and comply with the terms set forth herein.
You must be at least 13 years old to use the Services. By using the Services, you state that you are (1) at least 18 years of age (or an emancipated minor) and are fully able and competent to enter into these Terms of Use, or (2) at least 13 years of age and your legal parent(s) or guardian(s) consent to your registration for the Services and agree to be bound by these Terms of Use in respect of your use of the Services.
If you are using the Services on behalf of an entity, such as a company or an organization (each, an “Entity”), then you represent to us that you have the power and authority to bind such Entity to these Terms of Use.
You must agree to and accept these Terms of Use prior to using the Services. If you do not agree to any of these Terms of Use, you are prohibited from using or accessing the Services.
For purposes of these Terms of Use, the terms “we,” “us” and “our” refer to Genius Loci. “You” refers to you, as a user of the Services. If you are using the Services on behalf of an Entity, then the term “You” shall be deemed to include such Entity.
II. Creating an Account
In order to access some future features of the Services, you will have to create an account and choose a username. Alternatively, you may also sign into the Service through your Facebook account. If you do so, we will have access to information on your account such as your email address, profile picture, and other information.
By creating an account, you agree that:
you will provide accurate, current, and complete information and you agree to update your information as necessary to maintain its truth and accuracy. Using a pseudonym to create an account does not violate this provision;
you will not create an account for anyone other than yourself unless you are a representative of an Entity with express authorization from an officer of such Entity to create an account on behalf of such Entity;
you will not create more than one account for yourself;
you will not purchase, sell, gift or trade any account, or offer to purchase, sell, gift or trade any account; and
you will not share your password with anyone, except that with respect to accounts created on behalf of an Entity, you may share your account information with other authorized users of the Entity. You are solely responsible for the activity that occurs on your account, so it’s important that you keep your account secure and use a strong password. If you think that someone has gained access to your account, please reach out to us at contactus@geniusloci.us.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON THE SERVICES. ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND WILL FOREVER BE OWNED BY AND INURE SOLELY TO THE BENEFIT OF Genius Loci.
Any personal information you chose to provide while registering for or in otherwise using the Services will be treated in accordance with our Privacy Policy.
III. Interview Privacy Settings
You may change your interview privacy settings on the Services to make your interview and any associated Interview Content (as defined in Section VI) more private as follows:
Fully Public. The default setting for an interview and associated User Content is a general public setting. Therefore, unless you change your interview privacy settings, your interview and User Content will be public and accessible by anyone.
Genius Loci Registered Users. Only people with a registered account on the Services can view or access your interview and associated User Content. Your interview will not be accessible by the general public.
Private. Only you can view or access your interview and associated User Content. Your interview and associated User Content will not be accessible by the general public or other users of the Services if you choose to make your interview private.
NOTE: Even if you change your interview privacy settings through your account to Genius Loci Registered Users or Private, your Interview Content may still be retained by Genius Loci and accessed by Genius Loci and its partners, funders, sponsors, licensees, and researchers for research purposes and any other purpose. If you do not wish your content to be made available to Genius Loci’ third-party partners, please contact us at contact@Genius Loci.us. Notwithstanding the foregoing, Genius Loci will always have access to the content on your account and may use such content for internal business purposes and to maintain and provide the Services to you. Note also that irrespective of the interview privacy settings you select, your account username and photograph will always be public and viewable by anyone unless you delete your account.
IV. Rights We Grant You
Genius Loci grants you a personal, non-exclusive, non-assignable, and non-transferable license to access and use the Services for your personal and non-commercial use only. This license is subject to your use of the Services in compliance with these Terms of Use.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not use the Services for any other purpose or in any way that breaches these Terms of Use or any other agreement applicable to the Services. Additionally, you will not:
alter, modify, duplicate, decompile, reverse engineer, disassemble or decode (including any underlying idea or algorithm) any part of the Services, or attempt to do any of the same;
use the Services in any way that violates, plagiarizes, misappropriates, or infringes the rights of third parties, including without limitation, rights of copyright, trademark, privacy or publicity;
use the Services in any way that violates, breaches or is contrary to any applicable law, rules, regulation, court order or is otherwise illegal or unlawful in Genius Loci’ reasonable opinion;
use the Services to impersonate or attempt to impersonate Genius Loci, a Genius Loci employee, another user or any other person or Entity or otherwise misrepresent yourself. Using a pseudonym to create an account does not violate this provision;
use the Services for harassing, unethical or disruptive purposes or use the Services in any way that is indecent, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit or in a manner to incite hatred on grounds of race, gender, religion or sexual orientation or in any other manner objectionable in Genius Loci’ reasonable discretion;
post sensitive information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses;
create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to other users of the Services;
exploit the Services for any commercial purpose, including without limitation, the sale of access to the Services or the sale of advertising, sponsorships or promotions placed on or within the Services or Interview Content (as defined below);
use the Services in any manner that could disable, overburden, damage, disrupt or interfere with the Services, any other party’s use of the Services or use any device, software or routine that causes the same;
circumvent, remove, alter, deactivate, disable, degrade, thwart or otherwise interfere with any security-related technological measure or content protections of the Services;
use or launch any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise access the Services to monitor, extract, copy or collect information from or through the Services, or any manual process to do the same;
introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or
use the Services in any way that would affect Genius Loci adversely or reflect negatively on Genius Loci, the Services, Genius Loci’ reputation or goodwill, or its employees or moderators.
If you violate these Terms of Use, Genius Loci may, in its sole discretion, immediately suspend or terminate your account.
V. User Content—Rights You Grant Us
Any and all content, including any communications, images, photographs, video, sounds and all materials, data or information, that you submit (e.g. by uploading or transmitting) through the App or the Sites (collectively, “User Content”) is and will remain your property from the moment of creation. You are solely responsible for your own User Content and the consequences of uploading, submitting, distributing and publishing your User Content on the Services. We do not claim ownership of any User Content.
You represent and warrant that (i) you exclusively own or have the necessary licenses, rights, consents and permissions to publish any User Content you submit and (ii) your User Content does not and will not infringe any patent, trademark, trade secret, copyright, moral right, right of publicity, right of privacy, or other right of any other person or entity or violates any law or contractual duty.
You will remain the owner of the User Content but, by submitting and uploading User Content to the Services, you grant Genius Loci a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid up, transferable license (with the right to sublicense) to host, store, use, display, reproduce, create derivative works of, modify, adapt, edit, publish, and distribute your User Content in connection with the Services and Genius Loci’ (and its affiliates’ and partners’ and their respective successors) business, including for promoting, marketing and redistributing part or all of the User Content in any media now known or hereafter invented for all purposes permitted by law. You also grant each user of the Services a non-exclusive, worldwide license to access your User Content through the Services and to use such User Content as permitted through the functionality of the Services and under these Terms of Use. To the extent permitted by applicable laws, you waive any moral rights or similar rights you may have in any User Content.
We cannot and do not monitor or pre-screen the User Content created or uploaded and none of Genius Loci, its affiliates, and their respective employees, agents, directors, and officers has any obligation and does not undertake or assume any duty to review your User Content. Though we have no legal obligation to monitor the User Content, we may access, review and screen User Content if we choose and we reserve the right to block, remove or delete any User Content at any time, with or without notice, and to limit or restrict access to any User Content, for any reason (including if we think your User Content violates these Terms of Use) without liability and limitation.
VI. Our Intellectual Property Rights
You acknowledge that except for any User Content, any and all other software (including source code), logos, icons, the Site’s and the App’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, selection and arrangement of the content, copyrights, patents, trade secrets, trademarks and other intellectual property rights therein is owned solely and exclusively by Genius Loci and/or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. You may not copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms of Service. Additionally, you may not use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
The Genius Loci name and logo and all related names, logos, product and service names, designs, and slogans are trademarks of Genius Loci, its affiliates, or its licensors. Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Genius Loci. You may not use, copy or imitate any such branding, logos, or designs, without the express prior permission of Genius Loci.
VII. Third Party Consent
The Services may contain links to or make use of third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products, application program interfaces, or services that are not owned or controlled by Genius Loci (collectively, “Third-Party Sites”). Any use of Third-Party Sites is subject to the terms of use enforced by such third party. YOUR USE OF ANY SUCH THIRD-PARTY SITES IS AT YOUR OWN RISK. None of the Genius Loci Parties (defined below) shall be responsible or liable, directly or indirectly, for any damage or loss caused, alleged to be caused by or in connection with the use of, inability to use or reliance on any such content, goods or services available on any and all Third-Party Sites.
VIII. Digital Millennium Copyright Act
Genius Loci does not permit copyright infringing activities and infringement of intellectual property rights on the Services, and Genius Loci will remove any and all Interview Content if properly notified that such Interview Content infringes on another’s intellectual property rights.
Anyone who believes that his or her work has been reproduced in the Services in a manner which constitutes copyright infringement may submit a notification to Genius Loci’ copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
identification of the copyrighted work that is claimed to be infringed;
identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
information for our copyright agent to contact you (such as an address, telephone number and email address);
a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
a statement that the information above is accurate and, under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by noting this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
Notices of copyright infringement claims should be sent by email to contact@GeniusLoci.us. Genius Loci will respond expeditiously to claims of copyright infringement using the Services that are reported to Genius Loci’ copyright agent in the notification explained above. It is Genius Loci’ policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or other intellectual property rights of others.
If you believe that your Interview Content that was removed (or to which access was disabled) after Genius Loci received a notice of copyright infringement is not actually infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law to post and use the content in your Interview Content, you may send a counter-notice containing the following information to Genius Loci’ copyright agent:
your physical or electronic signature (with your full legal name);
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief, under penalty of perjury, that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
If a counter-notice is received by Genius Loci’ copyright agent, Genius Loci may send a copy of the counter-notice to the original complaining party informing that person that Genius Loci may replace the removed content or cease disabling it. At Genius Loci’ sole discretion, unless the original complaining party files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, after receipt of the counter-notice.
Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
IX. Mobile and Other Devices
Genius Loci currently provides the App for free, but please be aware that your carrier’s normal rates and fees (such as text messaging, data charges or roaming fees) will still apply to any use of the Services through a mobile device.
Downloading, installing or using the App may be prohibited or restricted by your network provider and not all of the Services may work with your network provider or device.
X. Termination
These Terms of Use are effective until terminated. You may terminate your account at any time by discontinuing your use of the Services and deleting your user account.
Genius Loci reserves the right to terminate these Terms of Use, and/or temporarily or permanently suspend, withdraw or restrict your access to some or all of your user account and/or the Services, at any time, effective immediately, with or without notice, for any or no reason whatsoever. If Genius Loci terminates or restricts your use and access of the Services, then you must immediately stop using all portions of the Services, and delete the App from your mobile device. The provisions of this Section shall survive any termination of these Terms of Use.
IMPORTANT: You are free to delete your account at any time by deactivating your account through your account settings or contacting us at contactus@GeniusLoci.us and requesting the deletion of your account. However, please note that even if your account has been terminated, any and all Interview Content uploaded to your account at any time prior to the termination date may be retained by Genius Loci and any third-party partners who had access to such Interview Content prior to termination (including, but not limited to, the U.S. Library of Congress) indefinitely. Moreover, even if Interview Content is removed from the App and/or any of the Sites, Genius Loci cannot and does not make any guarantees that third parties who had access to such Interview Content prior to removal will delete any copies of such Interview Content in such third parties’ possession prior to removal. Furthermore, note that, with respect to Signature Interview Content, even if you delete your account or remove any such Signature Interview Content, you are and will continue to be subject to the conditions of the releases or other documentation you signed at the time of participating in your Signature Interview(s).
Despite the foregoing, Genius Loci has no obligation to retain any Interview Content and may, at its sole discretion, decide to delete any Interview Content from the Services after your account is terminated. Therefore, you are advised to save or back up any Interview Content that you have uploaded to your account before termination, as Genius Loci assumes no liability for any material that may be irretrievably deleted following termination of your account.
XI. Warranty Disclaimer
THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Genius Loci, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “Genius Loci PARTIES”) DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
Genius Loci MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, LIKELY RESULTS, RELIABILITY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (4) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. Genius Loci DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Genius Loci WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
XII. Limitation of Liability
IN NO EVENT SHALL THE Genius Loci PARTIES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFIT OR GOODWILL, OR DUE TO BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS OR OTHER INTANGIBLE LOSSES), IN CONNECTION WITH THESE TERMS OF USE, THE SERVICES, USE OF THE SERVICES OR THE DELAY OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Genius Loci PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE Genius Loci PARTIES SHALL NOT BE LIABLE FOR INTERVIEW CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Genius Loci IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Genius Loci Parties shall be limited to the fullest extent permitted by law.
While the Services may be accessible worldwide, we make no representation that it is appropriate or available for use in any specific location. Any offer of the Services is void where prohibited by law.
XIII. Indemnification
You agree to indemnify, defend and hold the Genius Loci Parties harmless from and against any and all claims, causes of action, demands, obligations, damages, losses, liabilities, fines, penalties, and expenses (including but not limited to attorneys’ fees) incurred by the Genius Loci Parties arising out of or in connection with: (1) any violation by you of these Terms of Use; (2) any activity related to your use of the Services or your Interview Content, be it by you or by any other person accessing your account with or without your consent, (3) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities, or (4) any misrepresentation made by you. You will cooperate as fully required by Genius Loci in the defense of any claim. Genius Loci reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Genius Loci. This indemnification obligation will survive any termination of these Terms of Use and cessation of your use of the Services.
XIV. Provisions Applicable to Users Outside the United States of America
Genius Loci seeks to create a community with consistent standards for you and all other users of the Services, but we also strive to respect local laws. The following provisions apply to people who access the Services outside the United States:
you consent to having your personal data transferred to and processed in the United States;
you will not use the Services if you are prohibited from receiving products, services, or software originating from the United States; and
you will not use the Services if your use will subject Genius Loci to any registration requirement within a foreign jurisdiction or country.
Software related to or made available by the Services may be subject to United States export controls. Therefore, no software from the Services may be downloaded, exported or re-exported: (1) into or to a national or resident of any country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
XV. Amendments
Genius Loci may, in its sole discretion, modify or revise these Terms of Use and other policies at any time, and you agree to be bound by such modifications or revisions. Genius Loci will publish such revisions and updates from time to time by posting the revised policy on the Sites and App and updating the “effective as of” date at the top of this page. By continuing to use the Services after any such publication, you are agreeing to be bound by the then-current version of these Terms of Use. If you do not agree to the changes, then you must immediately stop using the Services and delete your account.
XVI. ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND Genius Loci TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each, a “Dispute”), you and Genius Loci agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Genius Loci will send its notice to the email address you have provided to us. You will send your notice to contact@geniusloci.us.
If you and Genius Loci are unable to resolve a Dispute through informal negotiations, either you or Genius Loci may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be administered by the International Institute for Conflict Prevention and Resolution (“CPR”), in accordance with the CPR Rules for Administered Arbitration by a single neutral arbitrator. Such arbitration shall be conducted in New York, New York in the English language. The arbitrator shall establish procedures under which each party will be entitled to conduct discovery and shall award to the prevailing party in any such dispute the costs and expenses of the proceeding, including reasonable attorneys’ fees. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et. seq., and except as set forth below, the arbitral award shall be final, binding, and incontestable and judgment thereon may be entered in any court of competent jurisdiction. The arbitrator shall award only such damages as are permitted to be awarded pursuant to these Terms of Use, and each party expressly waives and foregoes any right to punitive, exemplary, or similar damages unless applicable law prohibits such waiver. The arbitrator must render his/her award within 30 days following the last hearing scheduled by the arbitrator and at that time state the reasons for the award in writing. The award of the arbitrator is final and binding upon you and Genius Loci.
You agree that any arbitration shall be limited to the Dispute between Genius Loci and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Genius Loci’ intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of New York, State of New York, United States of America, and you agree to submit to the personal jurisdiction of that court.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Genius Loci can require the other to participate in an arbitration proceeding. To opt out, you must notify Genius Loci in writing within 30 days of the date that you first access the Services. You must email the opt-out notice to contact@geniusloci.us. You must include your name and residence address, the email address you use for your account, and a clear statement that you want to opt out of this arbitration agreement.
XVII. Governing Law
Except as expressly stated otherwise, these Terms of Use shall be governed by, and will be construed under, the laws of the State of New York, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
XVIII. General
Please note that we do not endorse any Interview Content submitted to the Services by any user or other licensor or any other interviews displayed on the App, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with all such interviews and content.
Genius Loci reserves the right to limit the availability of the Services or any portion of the Services to any person, geographic area, or jurisdiction, at any time and in Genius Loci’s sole discretion, and to limit the quantities of any content, program, product, service or other feature that Genius Loci provides.
Genius Loci may assign these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms of Use, or assign, sublicense, pledge, or otherwise transfer or share the benefit of any or all of your rights, if any, in the Services, and any attempt to the contrary is void.
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
These Terms of Use are the complete and exclusive statement of the agreement between you and Genius Loci concerning the Services, and these Terms of Use supersede any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Genius Loci.
We always love to hear from our users and encourage you to contact us with any suggestions or feedback, which we may use to improve our Services. But if you do volunteer suggestions or feedback, keep in mind that we can use your ideas without compensating you.
The section headings used herein are for reference only and shall not be read to have any legal effect.
If you have any questions on these Terms of Use, please contact contact@geniusloci.us.