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Legal Information

GENUE, INC.

TERMS AND CONDITIONS OF USE

Please read these terms and conditions before using the website, www.mygenue.com (the “Site”) which is owned and operated by Genue, Inc. (“Genue,” “we,” or “us”). By using the Site, you are agreeing to be bound by these terms and policies. If you do not agree to these terms of use, you do not have permission to use the Site. These revised terms are effective December 1, 2016.

1. Genue Software Applications.

Genue sells intuitive software applications for creating patterns and one-of-kind designs to be printed or saved as files for exporting to customized products. Genue currently offers the following programs for purchase and download:

(a) Genue for iPad or iPhone. Genue is the creator of patent-pending software known as Genue which allows users to create custom patterns. Once installed on your iPad for a download price of $4.99 and/or on your iPhone for a download price of $1.99, you will be able to use Genue to create patterns from scratch, via the manipulation of your own images, or a combination of the foregoing (“Your Pattern(s)”). Upon your completion of the creation of Your Pattern(s), you may purchase products featuring Your Patterns from the participating third party manufacturers (the “Manufacturers”). Please note that the digital reproductions of Patterns on the Site may not accurately reflect the true quality, color, and tonality of the finished product(s).

Genue users also have the option to purchase Genue’s designer pattern collection images (“Pattern Collections”) as an In-App purchase for a download price of $1.99 per collection. Pattern Collections are a combination of unique pattern images and a new collection will be offered on the Site each month. Genue app users will be notified monthly via Genue News that a new Pattern Collection is available for sale. When an In-App purchase is made, the download of the selected Pattern Collection(s) will automatically be added to purchaser’s device in the Pattern Collections located in the Genue app. The user will have unlimited access to these patterns and may incorporate them in their own designs for personal use.

(b) Genue Locked Bundle Functionality and Features. Genue also offers bundled locked features and functionality which display at download and are available for purchase. These features and functions belong to the creator of patent- pending software known as Genue for iPad. They may be activated by user for a price of $0.99 per bundle. Each bundle when purchased will activate for immediate use and remain on user’s device until deleted by user.

Please note Genue is no longer offering prior versions of Genue Pro for download or subscription model pricing. Any user who purchased a subscription will not have the option of renewing the same upon the expiration thereof. Upon the expiration of the Genue Pro subscription, the functionality for saving and exporting designs will be disabled; however, the user will still have access to all the designing functions of Genue Pro and all user content and patterns created on that device by Genue Pro software up and until that time will remain on the device.

2. User Representations.

By uploading Your Content to the Site and/or creating Your Patterns with Genue iPhone and/or Genue for iPad (individually and collectively, the “Software”), you confirm that (a) you are the owner of the Your Content or have the permission of the original owner to submit and manipulate Your Content with the Software; (b) you have the full authority to use Your Content and all its elements, including, without limitation, the authority and/or consent of any person who appears in such content; (c) that anyone featured in Your Content who is under the age of 18 is either a member of your immediate family under your authority or you have obtained the appropriate consent from his, her or their parent or legal guardian; (d) Your Content and Your Patterns do not contain text or images that are or may be construed to be defamatory, illegal or encouraging of illegal activities, pornographic, violent, obscene, or abusive; (e) Your Content and Your Patterns do not infringe upon any trademarks, copyrights, or other intellectual property owned by a third party; and (f) you are granting Genue a non-exclusive, royalty-free, worldwide license to display Your Content and Your Patterns on the Site. “Your Content” means any photographs, artwork, designs, drawings, text, treatments, formats and/or similar materials which are submitted, uploaded, or otherwise added by you to the Site with the Software.

3. Orders

Product orders and the payments thereof are submitted by you directly to the applicable Manufacturer(s) and are subject to the terms and conditions set forth on their individual websites. In the event you are not completely satisfied with your purchase or if it arrives damaged, the refund and exchange policies of the applicable Manufacturer(s) shall apply. You understand that Genue simply provides the Software necessary to create patterns and has no liability with regard to your interactions with the Manufacturers, the products ordered therefrom, or the delivery, payment, exchange or refunds pertaining thereto.

4. Intellectual Property Rights

(a) The Site and the Site Content are the sole and exclusive property of Genue (with the exception of materials where rights are specifically attributed to a third party), all rights reserved, and protected under U.S. and International copyright laws. For the purposes of these terms of use, “Site Content” means the Software, photographs, text, ideas, concepts, treatments, formats, artwork, drawings, videos, audiovisual works, sound recordings, software code, and/or similar materials that are submitted, posted, uploaded, embedded, displayed, distributed, communicated or otherwise added to the Site, excluding such materials where rights are specifically attributed to a third party. Except as Genue may specifically agree to in writing, no Site Content may be used, copied, reproduced (including, without limitation, the copying, transmitting, or saving of digital files), displayed, distributed, modified, or used to create a derivative work. Any unauthorized use of Site Content is a federal offense and will be prosecuted to the fullest extent of the law.

All trademarks, slogans, service marks, trade names, and trade dress appearing on the Site are proprietary to Genue and/or our partners, affiliates, licensors or licensees. Genue may change the Site or delete Site Content or features at any time, in any way, for any reason.

If you have any questions about copyrights or want to request permission to use any Site Content, please contact us at info@mygenue.com.

(b) Your Content and Your Patterns shall remain your sole and exclusive property. Except as you may specifically agree to in writing, Genue may not use, copy, reproduce (including, without limitation, the copying, transmitting, or saving of digital files), display, distribute, modify, or create a derivative work from Your Content and Your Patterns. It is your responsibility to safeguard your intellectual property rights with respect to Your Content and Your Patterns in the course of dealing with the Manufacturers and otherwise. Genue cannot and does not assume any liability relating to Your Content and Your Patterns. You agree to indemnify, defend, and hold harmless Genue, and its affiliates, partners, licensees and assignees from and against any infringement claims relating to Your Content and Your Patterns, whether asserted by you or a third party.

5. Disclaimers, Indemnification, and Limitation of Liability

(a) DISCLAIMERS

SUBJECT TO APPLICABLE LAW, THE SITE CONTENT OR CONTENT OTHERWISE RELATED IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM THE SITE IS PROVIDED “AS IS” AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY SITE CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH SITE CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF HARM SUSTAINED BY YOU OR YOUR PROPERTY DIRECTLY OR INDIRECTLY RESULTING FROM YOUR USE OF THE SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY SITE CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SITE CONTENT AND ANY CONTENT YOU PROVIDE TO THE MANUFACTURERS AND OTHER THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, IN PARTICULAR THE LEGAL WARRANTY FOR LATENT DEFECTS FOR USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS.

Reliance on any information appearing on the Site is strictly at your own risk.

(b) LIMITATION OF LIABILITY

SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR GROUP UNDERTAKINGS, OUR AND OUR GROUP UNDERTAKINGS’ PARTNERS, LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE OR SITE CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WITH RESPECT TO USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS, THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LAW.

SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO THIS SITE OR CHANGE THE SITE OR DELETE SITE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.

NO CLAIMS, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE MADE BY GENUE WITH RESPECT TO THE SAFETY, RELIABILITY, DURABILITY, AND PERFORMANCE OF THE PRODUCTS ORDERED BY YOU FROM THE MANUFACTURERS. IN NO EVENT SHALL GENUE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES TO PROPERTY OR LIFE WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF THE PRODUCTS PURCHASED FROM THE MANUFACTURERS. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GENUE, AND ITS AFFILIATES, PARTNERS, LICENSEES, AND ASSIGNEES FROM AND AGAINST ANY LOSSES, DAMAGES, AND CLAIMS DIRECTLY OR INDIRECTLY RELATING TO OR RESULTING FROM YOUR PURCHASE OF PRODUCTS FROM THE MANUFACTURERS.

(c) THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 4 AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

6. Privacy Policy.

(a) General. Genue adheres to a formal privacy policy to assure you that we take our responsibility to protect customer information quite seriously, and to use it only in ways disclosed in this statement. We may update the policy from time to time, which updates will be posted on this page. Genue has no responsibility for content on other websites that you may come across while navigating the Site.

(b) Technical Information Collected. Genue may collect the following technical information from you when you visit the Site, including, without limitation, browser type, operating system, modem speed, clickstream data, time spent browsing the Site and using the Software, number of visits and other traffic-related data, IP address (to troubleshoot potential server issues), and referring URL. Genue may collect this information through registration forms, clickstream tracking, and automatic logging files, and this data will be used to improve the Site experience. We do not collect personally-identifiable information from individuals unless they provide it to us voluntarily and knowingly at the Site.

(c) External Links. The Site may include links to other websites, including, but not limited to, the websites of Manufacturers. When you click links to other websites, you are encouraged to read their privacy policies and terms of use as their standards may differ from ours.

(d) Cookies. Genue may employ cookies. A cookie is a small text file that our web server places on a user’s computer hard drive to be a unique identifier. Cookies enable Genue to track usage patterns and deliver customized content to users. We use temporary session cookies to assign to you and store a Session ID on all secure pages. These cookies allow you to move seamlessly between areas of our secure Site. Our cookies do no collect personally identifiable information. We may also use third-party metrics software to collect traffic-related date, which may be done through the use of cookies. Without a cookie, you could still use more of the features on the Site, but you may not be able to create a login and profile.

(e) Shared Information. Genue may share aggregate traffic data and demographic data with the following third parties: advertisers, sponsors, and investment firms. However, we will not provide these third parties with any private information of the Site users, such as names, phone numbers, and e-mail and personal addresses. Genue does not sell or share your personal information. If you create a profile, we may provide you with news, updates, and special offers.

(f) Advertising. Genue may use information you provide to make the Site advertising more contextually relevant. As the Site provides free services to users, advertising dollars help Genue make money. If the ads are more contextually relevant, they will be more interesting to Site users. However, once you leave the Site and are interacting with an advertiser, Genue is not responsible for your dealings with them. Use discretion.

(g) Minors. Genue does not actively market to children, and we never knowingly ask a child under 13 years of age to divulge personal information. If you have any questions about our Privacy Policy, you can reach us by sending email to info@mygenue.com. We will be happy to answer your questions or hear your concerns.

7. General Provisions

(a) JURISDICTIONAL AND VENUE ISSUES; GOVERNING LAW Subject to the requirements of applicable consumer rights and other laws, you agree that any action at law or in equity arising out of or relating to these terms of use, the Site or the Software shall be filed, and that venue properly lies, only in state or federal courts located in the Commonwealth of Massachusetts, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so by their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

Subject to the requirements of applicable consumer rights and other laws, these terms of use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the laws of the United States, without giving effect to any principles of conflicts of law. 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. These terms of use take effect as an agreement and separately as a notice, which limits the basis on which Genue makes the Site and Software available. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word “including” is used illustratively, as if followed by the words “but not limited to.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE OR THE SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR (OR THE MINIMUM APPLICABLE STATUTORY PERIOD, IF LONGER) AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

(b) AMENDMENT Subject to applicable law, at any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by posting notice of such amendment on the Site. Any such amendment to these terms of use will be effective thirty (30) calendar days following our posting of notice of the changes on the Site.

(c) TERMINATION These terms of use are effective until terminated by either us or you as follows: You may terminate these terms of use at any time by discontinuing use of the Site, unsubscribing, or deleting the Software from your device. We may immediately terminate these terms of use with respect to you (including your access to the Site) in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these terms of use. Upon termination, you must cease use of the Site and destroy all materials obtained from the Site and all copies thereof, whether made under these terms of use or otherwise. In the interest of maximizing the Site’s speed and functioning, Your Content will be deleted. Genue is expressly not responsible for any of Your Content that has been made public by you. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are infringers of copyright. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.

8. Your Consent and Changes to These Terms

By using the Site, you consent to the terms outlined above. If there are changes to the terms of use, we will post those changes on this page. If you have questions about this policy, contact us at info@mygenue.com.