Terms of Use

Terms of Use (Effective as of: August 12, 2020)

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND GENCO MEDIA LLC (“WE,” OR “US”).

 

Each time you use or access this website (keepinspiring.me), you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this website or accessed via this website, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read the website’s Privacy Policy, which is incorporated within these Terms of Use by reference.

  1. Our service

This website and the Service provided to you on and via this website are provided on an “AS IS” basis. You agree that we have the right to modify or discontinue provision of this website and its Services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, we will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

  1. Privacy Policy

Information that we may collect are subject to the terms of our Privacy Policy.

  1. Your conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content. You agree that this website may expose you to content that may be objectionable or offensive. We are not responsible to you in any way for content displayed on this website, nor for any error or omission.

By using this website or any service provided, you explicitly agree that:

(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) you will not collect or harvest any information about other users;

(d) you will not provide, and you will not use this website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this website to promote or operate any service or content without our prior written consent;

(e) you will not provide any content that may give rise to our being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.

  1. Submission of content on this website

By providing any content to this website:

(a) you grant us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. Such license will apply with respect to any form, media, or technology already known at the time of provision or developed subsequently. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the website, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us the license specified in this Section 4;

(c) you acknowledge and agree that we have the right (but not obligation), at our sole discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

  1. Third-party services

Goods and services of third parties may be advertised and/or may be made available on or through this website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. We will not, in any manner, be liable or responsible for any of your dealings or interaction with third parties.

  1. Indemnification

You agree to indemnify and hold harmless the owners, representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders of this website from and against any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this website or service, your provision of content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.

  1. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED, EITHER IMPLICITLY OR EXPRESSLY, THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THE SERVICE SHALL BE USED SOLELY AT YOUR OWN RISK, AND THAT WE SHALLL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

  1. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

  1. Reservation of rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in respect of this website, its content, and goods and services that may be provided. If you wish to use any of our property or content, you must first obtain written consent. By making Services available to you we are not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this website or provided Services without our prior written consent.

  1. Notification of copyright infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation              of your intellectual property rights, you may contact our copyright agent through our Contact Page to file a notice.

  1. Applicable law

You agree that these Terms of Use and any dispute arising out of your use of this website or products or Services provided will be governed by and construed in accordance with the laws of the State of Texas without regard to choice of law statutes. By by using this website and the Service, you accept that jurisdiction is granted to the courts in the State of Texas, and that any disputes will be heard by the said courts.

  1. Termination

At our sole discretion, we may modify or discontinue this website or Service, or may modify, suspend or terminate your access to the website or Service, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the website or Service, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress. Even after your right to use the website or Service is terminated, this Agreement will remain enforceable against you.

  1. International Users

This website and the Service are controlled and offered by Genco Media, LLC from its location in the United States of America. Genco Media, LLC makes no representations that the website or Service are appropriate or available for use in other locations. Those who access or use the Service from other countries do so at their own volition and are responsible for compliance with local law.

  1. Electronic Communications

The communications between you and us use electronic means, whether you visit the website or send us e-mails, or whether we post notices on the website or communicate with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that we provide to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.

  1. Assignment

This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

  1. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, government closures, pandemic, or shortages of transportation facilities, fuel, energy, labor or materials.

  1. Questions, Complaints, Claims

If you have any questions, complaints, or claims with respect to the website or Service, please contact us through our Contact Page. We will do our best to address your concerns.

  1. Miscellaneous information

(i) In the event that any provision of these Terms of Use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this website or the Service must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) We may assign our rights and obligations under these Terms of Use; in this event, we will be relieved of any further obligation.