Acceptance of this Agreement
This Genesis futuristic technologies Ltd.,
web site and all of its information (the
"Web Site") are provided to you under
these "Terms of Use" and any amendments
to these Terms of Use that may be posted
by Genesis from time to time (collectively,
the "Agreement"). BY ACCESSING, BROWSING
AND/OR USING THIS SITE AND/OR ANY WEB
SITES PROVIDED BY GENESIS, YOU AGREE TO
BE BOUND BY THE AGREEMENT. The Agreement
constitutes the entire agreement between
you and Genesis and supercedes any prior
agreements between you and Genesis regarding
the use and contents of this Web Site.
Privacy The information that
we obtain through your use of the the
site, or through any registration process
or otherwise, is subject to our Privacy
Policy.
Modifications to this Agreement
Genesis may make changes to this Agreement
from time to time in its sole discretion,
and will post any such changes on the
Web Site. Your continued use of the Web
Site constitutes your acceptance of any
such changes.
Modification or Suspension of the Web
Site You agree that Genesis may,
in its sole discretion, and at any time,
discontinue, suspend or modify its operation
of this Web Site, or any part thereof,
temporarily or permanently, without notice
to you, and you agree that Genesis Inc.
shall not be liable therefor.
International Use You agree to
comply with all applicable local laws
regarding online conduct and acceptable
Content, including without limitation,
laws regarding the transmission of technical
data exported from the United States or
the country in which you reside.
No Reselling of Web Site You
agree not to sell, resell, reproduce,
duplicate, copy or use for any commercial
purposes any portion of the Web Site,
or use of or access to the Web Site.
Termination You agree that Genesis
may, in its sole discretion, and at any
time, terminate your use of the Web Site,
and may remove or delete any Content within
the Web Site, for any reason, without
prior notice to you. You further agree
that Genesis shall not be liable to you
or to any third-party for any termination
of your use of or access to the Web Site.
In the event of any termination of this
Agreement or your use of or access to
the Web Site, you agree the provisions
regarding Proprietary Rights, Indemnification,
Disclaimer or Warranties, and Limitations
of Liability shall survive any such termination.
Proprietary Rights You agree
that content available through the Web
Site, including without limitation, content
in the form of text, graphics, software,
music, sound, photographs, and videos,
and content provided by suppliers, sponsors
or third party advertisers, is protected
by copyrights, trademarks, patents or
other proprietary rights and laws. Except
as expressly authorized by Genesis or
the applicable supplier, sponsor or advertiser,
you agree not to copy, modify, rent, lease,
loan, sell, assign, distribute, license,
reverse engineer or create derivative
works based on the Web Site or any content
(including without limitation any software)
available through the Web Site.
Disclaimer of Warranties YOU
EXPRESSLY UNDERSTAND AND AGREE THAT YOUR
USE OF THE WEB SITE IS AT YOUR SOLE RISK.THE
WEB SITE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW,
GENESIS EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. GENESIS
DOES NOT MAKE ANY WARRANTY THAT THE WEB
SITE WILL MEET YOUR REQUIREMENTS, OR THAT
THE WEB SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE, OR THAT DEFECTS,
IF ANY, WILL BE CORRECTED; NOR DOES GENESIS
MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE WEB
SITE, AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION OBTAINED THROUGH THE
WEB SITE, AS TO THE QUALITY OF ANY PRODUCTS,
WEB SITES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE
WEB SITE OR AS A RESULT OF THE WEB SITE,
OR AS TO ANY TRANSACTIONS ENTERED INTO
BY USE OF OR AS A RESULT OF THE WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE WEB SITE IS AT
YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM GENESIS OR THROUGH
THE WEB SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
Limitations of Liability YOU
EXPRESSLY UNDERSTAND AND AGREE THAT UNDER
NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, SHALL GENESIS OR ITS PARENTS,
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOSS OF PROFITS, USE, DATA, GOODWILL OR
OTHER INTANGIBLES, EVEN IF GENESIS OR
ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, RESULTING FROM:
(1) THE USE OR THE INABILITY TO USE THE
WEB SITE,
(2) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND WEB SITES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR WEB SITES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO BY MEANS
OF OR THROUGH THE WEB SITE,
(3) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA,
(4) THE STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE WEB SITE,
(5) THE CONTENT OF THE GENESIS DIRECTORY,
OR,
(6) ANY OTHER MATTER RELATING TO THE WEB
SITE. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
SO SOME OF THE ABOVE MAY NOT APPLY TO
YOU.
Your Contact With Third Parties
Your dealings with third parties found
on or through the Web Site, including
your participation in promotions, the
payment for and delivery of goods and
Web Sites, and any terms, conditions,
warranties or representations associated
with such dealings are solely between
you and the third party. Genesis does
not make any representations or warranties
with respect to any goods or Web Sites
which may be obtained from such third
parties, and you agree that Genesis will
have no liability with respect to any
loss or damage of any kind incurred as
a result of any dealings between you and
any third party, or as a result of the
presence of such third parties on the
Web Site.
Links The Web Site, or third
parties on the Web Site, may provide links
to other sites and/or resources over which
Genesis has no control. You agree that
Genesis has no responsibility for and
no liability for the availability of such
external sites or resources, or for the
Content, advertising, products or other
materials available through such sites
or resources.
Indemnification You agree to
indemnify and hold harmless Genesis, its
parents, subsidiaries, affiliates, officers,
directors, agents, employees, co-branders
or other partners, and suppliers, from
any claim, demand, action, or damage,
including reasonable attorneys’ fees,
made by any third party due to, arising
out of or related to your use of the Web
Site, your violation of the Agreement
or any rights of another, or your connection
to the Web Site.
Copyright, Copyright Agent Genesis
respects the intellectual property of
others, and we ask our users to do the
same. If you believe that your work has
been copied in a way that constitutes
copyright infringement, please provide
Genesis Copyright Agent the following
information:
1. an electronic or physical
signature of the person authorized to
act on behalf of the owner of the copyright
interest;
2. a description of the
copyrighted work that you claim has been
infringed;
3. a description of where
the material that you claim is infringing
is located on the Web Site;
4. your address, telephone
number, and email address;
5. a statement by you
that you have a good faith belief that
the disputed use is not authorized by
the copyright owner, its agent, or the
law;
6. a statement by you,
made under penalty of perjury, that the
above information in your notice is accurate
and that you are the copyright owner or
authorized to act on the copyright owner’s
behalf.
Applicable Law This Agreement
shall be governed by and construed in
accordance with the laws of India, without
giving effect to conflict of laws provisions.
You and Genesis agree to submit to the
personal and exclusive jurisdiction of
the courts located within India.
Miscellaneous If any provision
of this Agreement is found by a court
or other binding authority to be invalid,
you agree that every attempt shall be
made to give effect to the parties’ intentions
as reflected in that provision, and the
remaining provisions contained in this
Agreement shall continue in full force
and effect. You agree that any claim or
cause of action arising out of your use
of the Web Site or this Agreement must
be filed within one year after such claim
or cause of action arose or it shall forever
be barred, notwithstanding any statute
of limitations or other law to the contrary.
Any failure by Genesis to enforce or exercise
any provision of this Agreement or related
right shall not constitute a waiver of
that right or provision.