Genvid Entertainment Terms of Use

Effective Date: 10/117/2023

  1. 1.

    Introduction and Overview

    These Terms of Use (“Terms”) set forth a legally binding agreement between you and Genvid Entertainment LLC or its affiliates (“Genvid Entertainment”, “we”, “our”, or “us”), and govern your use of any online service location that posts a link to these Terms, and all features, content, and other services that we own, control and make available through such online service location, including, without limitation:

    1. www.genvid.com; www.genvidtech.com; www.ascension.com
    2. All apps and games published by Genvid Entertainment, whether for tablets, smart TVs, video game consoles, social media platforms, mobile devices or other platforms ("Games"), unless otherwise indicated in the app;
    3. All email newsletters published or distributed by Genvid Entertainment; and
    4. All other interactive features, services, and communications provided by Genvid Entertainment.

    (collectively, the “Game”).

    In some instances, both these Terms and separate terms elsewhere will apply to your use of the Game (“Additional Terms“). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.

    By using the Game, you agree to these Terms, and consent to our collection, use and disclosure practices, and other activities as described in our Privacy Policy. If you do not agree and consent, discontinue use of the Game.

  2. 2.

    Game Use

    A. Content

    The Game contains: (i) materials and other items relating to Genvid Entertainment and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, databases, articles, posts, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Game, and the compilation, assembly, and arrangement of the materials of the Game and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Genvid Entertainment; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content “). All right, title, and interest in and to the Game and the Content is the property of Genvid or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

    B. Limited License

    Subject to your strict compliance with these Terms and any applicable Additional Terms, Genvid Entertainment grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play the Game and Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device“), in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Game or any Content, and (ii) may be suspended or terminated for any reason, in Genvid Entertainment’s sole discretion, and without advance notice or liability. Your unauthorized use of the Game or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

    C. Accounts

    To access the Game, you must register, or have registered, an account with Genvid or a supported Third-Party Identity Provider (“IdP”). When registering an account using an IdP, you agree to:

    1. provide true, accurate, current, and complete information about yourself (“Profile”);
    2. maintain and promptly update your Profile to keep it accurate;
    3. only hold one Genvid account;
    4. protect and prevent unauthorized access to your account;
    5. not transfer or share your account with any third party; and
    6. if applicable, adhere to IdP’s requirements and any applicable Additional Terms;

    Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.

    We reserve the right to suspend or terminate your account, with or without notice, and refuse any and all current or future use of the Game due your violation of these Terms, or if we determine in our sole discretion that suspension or termination is in the best interest of supporting a fair, wholesome and safe environment for users of the Game.

    D. Restrictions; Community Standards; Moderation

    You may not use the Game unless you are at least seventeen (17) years old. You also agree on adhering to or community guidelines. Genvid Entertainment ensures safety, respect, and enjoyment of all users by establishing the following guidelines:

    You may not:

    1. use the Game or Content for any political or commercial purpose;
    2. harvest any information from the Game or Content;
    3. reverse engineer or modify the Game or Content;
    4. interfere with the proper operation of or any security measure used by the Game or Content;
    5. infringe any intellectual property or other right of any third party;
    6. use the Game or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or
    7. otherwise violate these Terms or any applicable Additional Terms.

    You also agree on adhering to our community guidelines. Genvid Entertainment ensures safety, respect, and enjoyment of all users by establishing the following guidelines:

    1. Personal Information. Protect your privacy and the privacy of others. Never share or solicit personal details such as addresses, phone numbers, or other sensitive information. Sharing or threatening to share someone’s alternate account names, real-world location, real name, etc. is not allowed.
    2. Discrimination and Hate Speech. Genvid Entertainment values diversity and inclusion. Discriminatory remarks, hate speech, or prejudiced comments based on race, gender, religion, nationality, disability, or other personal characteristics will not be tolerated.
    3. Bullying and Harassment. Treat all users with respect. Bullying, staking, threatening, or harassing others is strictly prohibited. Instigating conflicts are considered trolling and not allowed.
    4. Scams and Deceptive Practices. Protect yourself and others from fraud. Do not engage in or promote scams, pyramid schemes, phishing, or any deceptive practices. We prohibit spam, including pay-for-follower promotions or other follower-growth schemes, the promotion of spam applications, or the promotion of multilevel marketing or pyramid schemes.
    5. Inappropriate Content and Illegal Activities. Maintain a respectable tone. Abstain from sharing or posting content that is obscene, graphic, or sexually explicit. Engaging in or endorsing illegal or harmful activities, such as illegal drug use, phishing, doxing, swatting, human trafficking, prostitution, gambling, or sharing content that glorifies or incites violence is strictly prohibited and unacceptable. Threats, whether against oneself or others, are severe violations and will be treated as such—making them, even as jokes, is unacceptable.
    6. Safety Reminders. There is no such thing as free Influence Points offered by other users. Beware of scams. If something is too good to be true it probably is. Never share your account information or accept login details from others. Doxing (sharing someone's personal information without consent) is strictly prohibited and illegal.

    You further agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Game and Content.

    You acknowledge and agree that your use of the Game and your Submissions may be subject to content moderation review, which may include technological review as well as human review, by Genvid Entertainment and other Third Party Services to confirm your adherence to the applicable restrictions, community standards, these Terms and any Additional Terms.

    Lastly, you acknowledge and agree that your access to the Game, in whole or in part, may be temporarily or permanently suspended or banned without notice and for any reason, including, without limitation, your failure to adhere to any of the above guidelines. If your account is permanently banned, you may lose all rights to virtual items, account balances, or other items that you may have earned or purchased. To access the Game, you must register, or have registered, an account with Genvid or a supported Third-Party Identity Provider (“IdP”). When registering an account using an IdP, you agree to:

    1. provide true, accurate, current, and complete information about yourself (“Profile”);
    2. maintain and promptly update your Profile to keep it accurate;
    3. only hold one Genvid account;
    4. protect and prevent unauthorized access to your account;
    5. not transfer or share your account with any third party; and
    6. if applicable, adhere to IdP’s requirements and any applicable Additional Terms;

    Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.

    We reserve the right to suspend or terminate your account, with or without notice, and refuse any and all current or future use of the Game due your violation of these Terms, or if we determine in our sole discretion that suspension or termination is in the best interest of supporting a fair, wholesome and safe environment for users of the Game.

    E. Availability

    Genvid Entertainment may suspend or terminate the availability of the Game and Content, in whole or in part, to any individual user or all users, for any reason, in Genvid Entertainment’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Game, or upon notice from Genvid Entertainment, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Game and Content.

    F. Reservation of Rights

    All rights not expressly granted to you are reserved by Genvid Entertainment and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Game or Content for any purpose is prohibited.

  3. 3.

    Submissions; Grant of Rights

    We may allow you the ability to chat or otherwise interact with other players through the Game. When you submit any text, images, sounds, videos, digital streams, techniques or other content, as well as any unsolicited ideas, feedback, or opinions, through or relating to the Game and/or any Content therein (“Submissions“), you grant Genvid Entertainment and its distributors permission to the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions, to the extent allowed by prevailing privacy legislation. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.

    In addition to the foregoing, you hereby grant to Genvid Entertainment and its distributors the royalty-free, transferrable, sublicensable, worldwide, irrevocable, perpetual right, but not the obligation, to use your name, image, likeness, voice, biographical information, profile picture and game character, social media handle, and social media avatar related to the game in any media now known or hereinafter devised, in connection with your use of the Game and Content, including, without limitation, in leaderboards and related rankings, the Game,and any marketing or promotion thereof.

    You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions. You waive any and all rights and claims in connection with our consideration, use, or development of any product, content, or other materials similar or identical to your Submission now or in the future.

    You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section, and that the use thereof in accordance with the terms herein shall not cause Genvid Entertainment and its distributors to incur any costs, fees, or expenses. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submissions and remain responsible for them.

  4. 4.

    Customer Support; Notice

    For any questions concerning content moderation of the Game and/or your Submission, please contact the applicable Third Party Service. For questions related to the technical aspect(s) of the Game, please contact Genvid Entertainment at support@genvid.com. You acknowledge that the provision of any technical support hereunder is at Genvid Entertainment’s sole discretion and that we have no obligation to provide you with customer support of any kind. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    All legal notices to us must be mailed to:

    Genvid Entertainment
    1325 Avenue of the Americas
    Office 2822
    New York, NY 10019.

  5. 5.

    Third Party Services

    The Game contains content and services from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties, including, without limitation, Keywords International Limited (“Third Party Services“). We may also integrate third party technologies into the Game and host our Content on Third Party Services. These Third Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk. For more information on Third Party Services, see our Privacy Policy.

  6. 6.

    Game Features

    A. Wireless Features

    The Game may offer features that are available to you via your wireless Device including the ability to access the Game’s features and upload content to the Game (collectively, “Wireless Features“). By using the Game, you agree that Genvid may collect information related to your use of the Wireless Features as described in our Privacy Policy, and may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Game. Data rates and other carrier fees may apply.

    B. Location-Based Features

    If you have location-based features on your wireless Device, you acknowledge that your Device location may be tracked and shared consistent with the Privacy Policy. You can terminate location tracking by adjusting the permissions in your Device. Location-based features are used at your own risk and location data may not be accurate.

    C. Communications.

    We may communicate with you based on preferences you provide to us. If you have opted-in to receive push notification on your Device, you can opt-out at any time by adjusting the permissions within your account settings.

    D. Virtual Content.

    We may, from time to time, permit you to use real-world money to buy Virtual Content. "Virtual Content" is a generic term for the products and services available to users free of charge, via code card redemption, or for purchase within the Game which may be used within the Game to access certain features, functions, and other Virtual Content. Virtual Content includes but is not limited to Season Passes and Influence Point packs.

    We may, from time to time, and at our sole discretion, provide opportunities for users to acquire certain Virtual Content free of charge, at reduced rates, or as bonus content when you acquire other Virtual Content. You may only acquire Virtual Content in the amount and at times permitted by us in our sole discretion and may only purchase Virtual Content for your personal use within the Game. The inclusion of any Virtual Content at a particular time does not imply or warrant that the same Virtual Content will be available at any or all times. All features, content, capabilities, and specifications of Virtual Content described or depicted in the Service are subject to change at any time without notice.

    Virtual Content does not have monetary value, and may not be redeemed for legal currency, services, or items of value outside of the Game. Virtual Content obtained via the Game is provided to you under a limited, personal, revocable, non-transferable, non-sublicensable license to use within the Game. You have no property interest; right or title in or to any Virtual Content appearing or originating in the service, and Virtual Content may not be transferred or resold in any manner not explicitly permitted by us. We may terminate your license to Virtual Content at any time and at our sole discretion.

    E. Purchasing Virtual Content

    For all charges for any Virtual Content sold in the Game, our payment processor acting on our behalf will bill your credit card or alternative payment method. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. In the event that your credit card or alternative payment provider refuses to pay us for an amount credited to your account, we will have the right to delete the Virtual Content from your account. You agree that you will not cancel or reverse any charges for such Virtual Content or otherwise attempt to defraud us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses.

    ALL PURCHASES OF VIRTUAL CONTENT ARE NON-RETURNABLE AND NON-REFUNDABLE. If you use Virtual Content in the Game, you lose any statutory right of withdrawal because we begin performing our services upon your completed purchase of the Virtual Content. If through some problem with your account or any other reason you lose Virtual Content and we can verify that you had it, we will make commercially reasonable efforts to replace it.

    YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CONTENT WHEN YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. Certain jurisdictions may provide additional statutory rights, including a Cooling-Off Period which allows you to withdraw from a purchase. Nothing herein is meant to limit your return or cancellation rights for your purchase of Virtual Content under local law.

  7. 7.

    Copyright Infringement

    A. DMCA Notification.

    Genvid Entertainment responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (” DMCA“). To submit a notice of claimed copyright infringement under U.S. law, provide our designated agent with the following written information:

    ● A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;

    ● Identification of the copyrighted work claimed to have been infringed;·

    ● Identification of the infringing material and information reasonably sufficient to permit us to locate that material;

    ● Your contact information, including your address, telephone number, and an e- mail address;

    ● A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and

    ● A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    Our designated agent is:

    Jerry Heinz
    Genvid Entertainment LLC
    1325 Avenue of the Americas
    2822
    New York, NY 10019
    Phone: 917-340-0519
    Email: dmca@genvidtech.com

    You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp.

    We will respond to notifications of claimed copyright infringement in accordance with the DMCA.

    B. Counter Notification

    If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:

    ● A physical or electronic signature;

    ● Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

    ● A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

    ● Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which Genvid Entertainment may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

    We will respond to counter notifications in accordance with the DMCA.

  8. 8.

    Disclaimer of Representations and Warranties

    THE GAME IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. NEITHER GENVID ENTERTAINMENT NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “GENVID ENTERTAINMENT PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE GAME, CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE GAME YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE GAME. NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM GENVID ENTERTAINMENT’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

  9. 9.

    Limitations of Our Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE GENVID ENTERTAINMENT PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE GAME, (B) THESE TERMS OR (C) YOUR MISUSE OF THE GAME OR ANY CONTENT AVAILABLE ON OR THROUGH THE GAME. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.

    NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM GENVID ENTERTAINMENT’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

  10. 10.

    Indemnification

    You agree to defend, indemnify and hold harmless the Genvid Entertainment Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Game or any Content available on or through the Game; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. Genvid Entertainment reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Genvid Entertainment’s defense of any claim. You will not in any event settle any claim without the prior written consent of Genvid Entertainment.

    This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Game.

  11. 11.

    Waiver of Injunctive or other Equitable Relief

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY GENVID OR A LICENSOR OF GENVID.

  12. 12.

    Agreement to Arbitrate Disputes and Choice of Law

    PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

    A. We Both Agree to Arbitrate

    You and Genvid Entertainment agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Genvid Entertainment’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Genvid Entertainment may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Game, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.

    B. What is Arbitration?

    Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

    C. Arbitration Procedures

    The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in this Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Genvid Entertainment must do the following things:

    1. Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a demand for Arbitration at http://www.jamsadr.com.

    2. Send three copies of the demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.

    3. Send one copy of the demand for Arbitration to the other party.

    Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If traveling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    D. Authority of Arbitrator

    The arbitrator will decide the rights and liabilities, if any, of you and Genvid Entertainment, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Genvid Entertainment.

    E. Waiver of Class Actions

    You waive any right to pursue an action on a class-wide basis against us and may only resolve disputes with us on an individual basis, and may not bring a claim against us as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

    F. Waiver of Jury Trial

    THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Genvid Entertainment in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND GENVID ENTERTAINMENT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

    G. Choice of Law/Forum Selection

    In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, NY.

  13. 13.

    Updates to Terms

    We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them through the Game. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Game.

  14. 14.

    General Provisions

    A. Consent or Approval

    No Genvid Entertainment consent or approval may be deemed to have been granted by Genvid Entertainment without being in writing and signed by an officer of Genvid Entertainment.

    B. Survival

    The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Game, including sections on Game Use (except for the limited license), Submissions, Copyright Infringement, Customer Support, Third Party Services, Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.

    C. Severability; Interpretation; Assignment

    If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Genvid Entertainment may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Genvid Entertainment.

    D. Complete Agreement; No Waiver

    These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Game and supersede any prior agreements, representations, warranties, assurances or discussion related to the Game. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Genvid Entertainment in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

    E. International Issues

    Genvid Entertainment controls and operates the Game from the U.S., and Genvid Entertainment makes no representation that the Game is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Game. Software related to or made available by the Game may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

    F. Investigations; Cooperation with Law Enforcement

    Genvid Entertainment reserves the right to investigate and prosecute any suspected breaches of these Terms or the Game. Genvid Entertainment may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.

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