This agreement is between you (the “User” or “you”) and Genesis Brands, Ltd. (“Genesis”, “Genesis Brands”, or “we”). We provide Users with access to our platform that enables Users to create and manage the End Products (as defined below).
These services can be provided through personalised or generalised designs, interaction services or content (collectively, the “Services”) through http://www.genesisbrands.com or any of Genesis’s associated Online Platform (the “Site”) or directly from Genesis and its representatives.
If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms of Service and any other provisions and/or terms and/or otherwise between Genesis Brands and you, the provisions and the terms of these Terms of Service will prevail. Please feel free to contact us with any questions regarding the content of this agreement.
Platform Purpose – Genesis Brands provides an online platform that assists to create and manage various Brand assets. Users can use Genesis’s service to create and customise their own Brand and other branded items products, such as “branding packages”, “logos”, “brand guidelines”, “letterheads” and “business cards” (collectively, the “End Products” or “By-products”).
Paid Designs & Services – In order to gain access to certain tools and Services, such as, but not limited to, creating, downloading and/or using your End Products outside of the Site, whether for commercial or personal use, you must pay the Fee stated on the Site. You cannot use any of Genesis’s End Products outside of the Site, whether for commercial or personal use, without paying all applicable and respective Fees in advance. This includes both digital and physical use of the End Products. Please carefully review Section 4 below for additional information.
Unpaid Designs – Throughout the process of design, Genesis Brands can show the User different designs and/or design concepts, however the User has no right or license to use or copy any of the designs other than the final one you paid for. This final design will be shown and available for download in the User’s Account. Throughout the process Genesis Brands will also make use of certain symbols, colours, fonts and other design elements (collectively known as “Design Resources”) that can or cannot be used to design the user’s End Product. You cannot use any of these Design Resources individually.
Third Party Design Resources – You can use purchased End Products outside of the Site, whether for commercial or personal purposes. Prior to creating and using any End Product, Genesis Brands highly recommends you perform due diligence to determine that the use of the Design Resources is free of any adverse claims and is not subject to any third-party rights. Genesis Brands can also use symbols provided by Flaticon.com, a third-party content provider that obtains the symbols from other third-party contributors. All use of these Symbols is AT YOUR OWN RISK. You will abide by all copyright notices, trademark rules, and will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sub-license, rent, lend, assign, gift, sell or otherwise transfer or distribute for any purposes whatsoever any portion of the Design Resources not owned by you: (i) without the express prior written consent of the respective owners or (ii) in any way that violates any third-party right. You acknowledge that some fonts and symbols used during the Design Process can be licensed from a third-party provider. Under no circumstances will Genesis Brands be liable in any way for any Design Resources, including, but not limited to, for any loss or damage of any kind incurred as a result of the use of any Materials or any part thereof. You agree that you must evaluate, and bear all risks associated with, the use of any Design Resources, including, without limitation, the existence of any third-party rights that can exist in such resources.
Use of Genesis Brands Branding and Design – All of Genesis Brands designs that appear throughout the Design Process, as well as trademarks and service marks, logos, slogans and taglines, are the property of Genesis Brands. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site which are the property of Genesis Brands (the “Materials”). Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this agreement.
Accessing your account
Account Access – During the Design Process, we will provide you with an access credentials to a personal account on the Site (the “Account”), thereby allowing you access to the designs using one computer at a time through the Site.
Account Information – You agree to fully and accurately provide the information requested by us when setting up your Account and to regularly update such information. Your failure to do so can result in the cancellation of your Account and loss of previously purchased End Products and/or future Services. You further agree (a) not to provide User IDs to anyone who is not your employee, and (b) to ensure that all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this agreement.
Product Information – Throughout the Design Process you will be providing information to better create your End Product, and you are legally responsible for all information that is used to create your End Product. Genesis Brands is not responsible for the content you provide neither as to the End Product nor as to the Account. You are solely responsible for the accuracy and appropriateness of all data and content of your End Products, logos and brands; including name, taglines and details. Genesis Brands will not be held responsible for inaccurate information and any potential damages caused by such inaccuracies. You further understand that Genesis Brands can decide not to maintain copies of files featuring these designs and can decline at any stage a request to change information.
Hosting – You hereby grant Genesis Brands a worldwide, royalty-free, non-exclusive license to host the designs created and warrant that you have all the rights necessary to grant us such license. You are responsible for any content and/or End Products that can be lost or unrecoverable through your use of the Services. You are encouraged to back up your End Products regularly and frequently.
Legality of Activity – You accept your sole responsibility for all of your activities using our Site, including content you submit or share via Genesis’s Design Process. You will not use our Services for any illegal purpose. You are responsible for ensuring you do not violate the laws of your jurisdiction, including but not limited to copyright, IP, trademark, design patent and related laws. Genesis Brands can determine in its sole discretion whether or not an Account is in violation of any of its policies. Violation of any of these policies can result in User information tracking with such information being stored to identify the offending user. Offending User can be permanently restricted from holding an account or using the Services. If Genesis Brands reasonably determines that your Account is being used for illegal or fraudulent activity, then your Account can be immediately terminated. We can also report you to law enforcement officials in the appropriate jurisdictions.
General – In addition, you agree to all of the following:
You hereby confirm that you are at least 18 years of age and will not use Genesis Brands Service or End Products for any unlawful purposes or to conduct any unlawful acts, including fraud, embezzlement, money laundering or to impersonate another person.
You will not access the Services through automated fashions
You will not imply or claim that you are affiliated with or endorsed by Genesis Brands without our express written permission.
You will not access the Services or the Account by any means other than through the interfaces provided by Genesis Brands and you will not attempt to or actually override or sabotage our security. In addition, you will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Genesis Brands infrastructure.
You agree that Genesis Brands will not be responsible for any loss or damage of any sort, directly or indirectly, incurred as a result of using or clicking any third-party links appearing on our Site.
You are not allowed to create End Products using Genesis Brands that are: pornographic, sexually explicit, violent, reasonably likely to cause harm, or that could be reasonably considered as slanderous or libellous.
Fees and Taxes
General – Certain Genesis Brands Services can be subject to payment of fees, one-time or subscription, as determined by Genesis in its sole discretion and notified in relation to such Services (“Fee(s)” or “Paid Tool(s)”). If you wish to use these Paid Tools or use any of Genesis’s End Products outside of the Site, whether for commercial or personal use, you are required to pay all applicable and respective Fees in advance. If you purchase any Services or End Products that we offer for a Fee, you agree to Genesis Brands or our third-party service providers, storing and updating your payment card information. You expressly agree that we are authorized to charge you (i) the stated Fee, (ii) any other Fees for Services you can purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts.
Fee Changes – You understand that additional services or End Products that can be introduced in the future can be subject to additional fees. You further acknowledge and approve that Genesis reserves the right to change its Fees at any time, at its sole discretion, upon notice to you if such change affects an existing subscription you own. If you received a discount for a subscription fee, or any other promotional offer for a subscription fee, Genesis will have the right to renew your subscription automatically and without notice at the full applicable Fee.
One Time Fee & Refunds – One-time End Product fees are non-refundable. If a User has reason to believe that User was charged on error, User can provide a written notice to our Customer Support and request to cancel User Fee. When eligible, Fee cancellation can be performed by Customer Support only up to a period of seven (7) days from the Fee payment date, and only if the End Products associated with the Fee have not been downloaded or used outside of the Site, whether for commercial or personal use (“One Time Fee Refund Period”). We will not cancel Fees after that time or after an End Product has been downloaded or used outside of the Genesis Site. Eligibility to cancel a Fee will be assessed by our Customer Support team based on a number of factors, including, without limitation, violations to our Terms of Service and improper usage of the Genesis Brands platform.
Subscription Fee & Refunds – If you are dissatisfied with any Genesis Brands Service subject to a Subscription Fees, whether monthly or annual, you can cancel your subscription and provide our Support team with a written request for a refund within seven (7) days of having paid the initial Fee (“Subscription Refund Period”) as long as no design files created using the Service have been downloaded or used outside the platform prior. If you are a customer residing in a jurisdiction that requires a different Refund Period, we will be happy to accommodate these requirements in accordance with applicable laws. If Genesis’s customer support team receives the refund notice during the Subscription Refund Period, you will be refunded with the amount you paid for the Service and Genesis will cancel these Services accordingly. After the Subscription Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that an End Products associated with the Fee has already been downloaded or used outside of the Site, whether for commercial or personal use, and/or that the notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and used, we reserve our right to charge the User who provided such notice for any Genesis Services actually received, as permitted by law.
Taxes and Currencies – All Fees on the Genesis Platform will be deemed to be in UK Pounds, except when and as specifically stated otherwise in writing by Genesis. You have full and sole responsibility for all taxes and fees of any nature associated with our fees and services, including any sales tax related to the purchase or sale of Service and/or the End Products. When buying Services and/or End Products, it is your responsibility to decide whether or not sales taxes apply to a sale and to collect, report and remit the correct amounts to the appropriate authority. Genesis Brands will not be liable for any taxes or other fees to be paid in accordance with or related to the Service and/or End Products. Any tools provided in connection with the Services indicating estimated taxes due are for illustration purposes only. You take full responsibility for all taxes and fees of any nature associated with the Services, including any sales tax related to the purchase or sale of Service and/or the End Products. Genesis Brands can be required to collect Value Added Tax of the European Union (“EU VAT”) from non-taxable EU customers, therefore, EU VAT will be charged to these customers on top of our Fees if applicable.
Subscription Renewals – In order to make sure that you will not experience interruption or trouble in Genesis’s subscription services due to cancellation lapse of any subscription period, Genesis will try to automatically renew all applicable Subscription Service before it is expired for a renewal period that is equal in time to the original subscription period and/or the updated renewal period we have had on file for you, for such Service, annual or monthly, and automatically charge and collect you the applicable Fees using the payment method you have on file with Genesis (“Renewal Period”). In order to insure no interruptions or loss of services, Genesis reserves the right (but will not be obligated) to collect and charge for the upcoming renewal period up to one (1) week prior to such Renewal Period commences. In the event that Genesis fails to collect the Fees owed by the User, we can, in our sole and absolute discretion (but will not be obligated to), try and recollect at a later time, or/and block or cancel your User Account, with no further notice. Without derogating any of the foregoing, The User will be solely responsible to ensure a successful renewal of the Genesis Services they use. Accordingly, the User will hold the sole for any discontinuation of any Genesis Services previously purchased by them, including due to a cancellation and/or failure to collect the applicable Fees, or due to any Genesis Services not being under our automatic subscription renewals feature. The User acknowledges and agrees that they will not have any claims and/or demands against Genesis with relation to a discontinuation of any Genesis Services or Third Party Services associated with Genesis, for whatever reason.
Chargebacks – If the User decides to contact User bank or credit company, or reject the charge of the payable Fees (“Chargeback”), the action will be considered a breach of the User fee payment obligations, and their use of the Genesis Services can be automatically suspended and/or terminated. In such case, Genesis reserves the right to block the User Account without any option to repurchase or re-use it, and any end files and/or data contained in such User Account, including any unfinalized or finalized Designs. Access to the User account will not be regranted until the User pays any applicable owed Fees in full. If the User has any questions or concerns regarding a fee payment collection or attempt made by Genesis, we encourage you to first contact Genesis’s Customer Support team before filing a Chargeback. Genesis reserves its right to dispute any Chargeback received, and provide the relevant credit company, financial institution or bank with any information proving that the User is responsible for the Chargeback and did authorize the transaction to Genesis.
Design Vouchers- From time to time, and at its own discretion, Genesis Brands can offer Design Vouchers for sale (“Design Vouchers”). Such Vouchers allow the Customer to purchase End Products or Services for a discounted price (“Design Vouchers Redemption”). Such Design Vouchers can also include an expiration date that would allow the Customer to utilize them after the date they were initially purchased (“Design Vouchers Expiration Date”). Design Vouchers will not be redeemable after the Design Vouchers Expiration Date and Genesis Brands will not offer a Refund for any Unused Design Vouchers after the Design Vouchers Expiration Date. All Vouchers fees are non-refundable. If a User has reason to believe that User was charged on error, User can provide a written notice to our Customer Support and request to cancel User Fee. When eligible, Fee cancellation can be performed by Customer Support only up to a period of seven (7) days from the Fee payment date, and only if the End Products associated with the Fee have not been downloaded or used outside of the Site, whether for commercial or personal use (“One Time Fee Refund Period”). We will not cancel Fees after that time or after an End Product has been downloaded or used outside of the Genesis Site. Eligibility to cancel a Fee will be assessed by our Customer Support team based on a number of factors, including, without limitation, violations to our Terms of Service and improper usage of the Genesis Brands platform. When utilizing a Design Vouchers after the date it was initially Purchased, the Customer acknowledges that the contents and names of End Products, Bundles, and Services can change over time and therefore not match the ones originally offered. In such instances the Customer is encouraged to contact Genesis Brands. Genesis Brands, at its discretion in accordance with its TOS, will supply the Customer with an End Product or Service of similar retail value or offer a refund.
Account Credit- From time to time, and at its own discretion, Genesis Brands can offer Account Credit to reward or compensate Users for actions such as referring other Users to the Site and the Service (“Account Credit”). Such Account Credit can only be used to reduce the prices of Services on the Site and cannot be counted towards any transactions outside the Site (“Account Credit Redemption”). Earned Account Credit from making such referral will expire after twelve (12) consecutive inactive months. An inactive month is a month without an invoice billing event. Account Credit will not be redeemable after the Expiration Date. At no case will Genesis Brands offer any Refund or Compensation for any Unused Account Credit. When utilizing Account Credit, the Customer acknowledges that the contents and names of End Products, Bundles, and Services can change over time and therefore not match the ones originally offered on the Site.
Cancellation by Genesis – These Terms of Service will remain in full force and effect at any time while you use Genesis’s Platform or our Services or End Products. We can suspend or terminate your rights to use our Services (including the Account and End Products) at any time at our sole and absolute discretion, including, without limitation, for any use of the Site or Services in violation of this agreement. You understand that any termination of your Account can involve deletion of your Account, all information related thereof, and the End Products associated therewith from our live databases.
Cancellation by User – You can decide to stop and request to cancel your Subscription Services at any point in time. The effective date and time for this cancellation will commence the moment you have issued the cancellation request. The effective date for cancellation of Subscription Fee will be at the next Renewal Period. Such subscription will be cancelled only upon the expiration of the respective period for which you have already made payment for. Please know that as Genesis’s cancellation process can take some time, in order to avoid your next respective charge, your cancellation request should be made at least ten (10) business days before to the expiration of the then-current Subscription period.
Disputes – Any formation or interpretation of this agreement and any disputes arising from it will be governed by the substantive and procedural laws of the United Kingdom. The exclusive jurisdiction and venue for actions related to the subject matter hereof will be the courts located in the United Kingdom, and you hereby submit to the personal jurisdiction of such courts.
Indemnification – You hereby agree to indemnify, defend and hold harmless Genesis Brands and each of its respective officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any claims, actions, suits, proceedings, losses, liabilities, judgments, settlement amounts, costs and expenses arising out of or relating to your use of the Genesis Brands Services, End Products, designs or Site, including, without limitation, all claims relating to your use of your Account, logo, branding kit or Design Resources.
Changes to this agreement – We can, from time to time, modify parts of this agreement. In such case, we will release a notice on our Site or send an email to our registered Users. Since such notices can be overlooked, we encourage you to frequently check this page for any changes. Your continued use of or access to the Services following the posting of any changes to this agreement constitutes acceptance of those changes.
Misc. – If we do not enforce any part of this agreement, it will not be considered a waiver and if any portion of this agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER OUR SITE, DESIGN RESOURCES, END PRODUCTS, SERVICES AND MATERIALS, AND/OR ANY OTHER CONTENT OR PRODUCT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF GENESIS BRANDS SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GENESIS BRANDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. GENESIS BRANDS MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER REGARDING THE ACCURACY OF CONTENT OR DESIGNS. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES AND SITE WILL NOT, IN ANY EVENT, DIRECTLY OR INDIRECTLY BE HELD AGAINST GENESIS BRANDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. GENESIS BRANDS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN. WE WILL NOT BE HELD ACCOUNTABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, AS WELL AS ANY BUGS, VIRUSES, TROJAN HORSES THAT CAN BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND FOR 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GENESIS BRANDS PLATFORM. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GENESIS BRANDS IS NOT LIABLE FOR USER 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 THE USER. GENESIS BRANDS WILL NOT BE IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. GENESIS WILL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT. GENESIS BRANDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY USING OUR BRANDS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE DO NOT MAKE ANY REPRESENTATIONS THAT THE OUR WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE GENESIS BRANDS SITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAW. NEITHER GENESIS BRANDS NOR ITS THIRD-PARTY CONTENT PROVIDER ARE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF GENESIS BRANDS (INCLUDING THE USE OF THE BRANDING PRODUCTS AND LOGOS). YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND OUR DESIGNS.
For any questions regarding these Terms of Service, feel free to contact our customer service.