Terms and conditions

Last updated March 24, 2017.

These terms and conditions ("Terms of Use") govern your use of the Genially service. They apply to the service made available by GeniallyWeb S.L. (“Genially”) on Genial.ly and to any other platform via which the service is made available or can be used. By using the Genially service, you agree to be bound by the following terms and conditions.

I. Basic Terms

Understand that Genially provides you with a service, but you remain responsible for both i) how you use the Genially service, and for (ii) any data, text, links, information, image and/or any other material ("Content") that you choose to use to annotate and display using the Genially service. The Acceptable Use Policy sets out rules on what kind of use is acceptable and what is prohibited, and by accepting these Terms of Use you also agree to comply with the Acceptable Use Policy.

Should you violate these Terms of Use or the Policies, you are no longer entitled to use the Genially service, and Genially may take any appropriate actions to prevent you from using the service.

II. General Conditions

We reserve the right to modify the Genially service for any reason, and we will post information about any substantial changes made to the service on our website.

We reserve the right to alter these Terms of Use at any time. You agree that such alteration will be effective upon posting it on our website, and you will be bound to any such alterations when you use the Genially service after such alteration is posted. It is therefore important that you review these Terms of Use regularly to ensure that you are updated regarding any such alterations.

III. Intellectual Property Rights

The Genially service is protected by copyright, trademark, trade secrets and other intellectual property rights of Genially. These Terms of Use do not grant you any rights in the Genially service as such, except for your right to use the service in accordance with these Terms of Use.

The rights to use javascripts, modules and any other code from Genially platforms belong without any exception to Genially Web S.L.

We claim no intellectual property rights over the material you provide to the Genially service. Your materials remain yours. However, unless and until otherwise expressly informed by you, you grant Genially a non-exclusive, royalty-free, worldwide and perpetual right to use, modify, distribute, and prepare derivative works of such material solely on the Genially service.

IV. User Eligibility

Our services are available to people of all ages, but children under thirteen should only use the service under the supervision of their parents or guardians. If you are using the Genially service as a business entity, you (i) acknowledge that you have the authority to bind the entity to these Terms of Use, and (ii) must sign up to a Team Account.

V. Account types and fees

Genially offers the service to both individuals and businesses. For descriptions of all account types and features currently available, please see the Genially Website (“Website”).

Release

In the event that you have a dispute with one or more Genially users, you release Genially (and our employees) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Removal of Content

We may, but have no obligation to, remove Content from the Genially service that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates these Terms of Use.

We review all claims of copyright or other intellectual property right infringements received and remove the Content (including the tags and windows created with the Genially service) from the Genially service if such Content is deemed to have been annotated or displayed in violation of any such laws. To make a claim, please provide us with the following:

A description of the work protected by copyright or other intellectual property right and claimed to have been infringed.

A description of the infringing Content and information reasonably sufficient to enable us to locate the infringing Content.

Your contact information, including your address, telephone number and email address.

A statement by you that you have, without results, requested the provider of the infringing Content to cease the infringing activity or that you have not been able to identify the provider of the infringing Content.

A statement by you that you have a good faith belief that the use of the infringing Content in the manner complained of is not authorized by the rights owner, its agent or by law.

A statement by you that the information in the notification is accurate and that you are the owner of the infringed copyright or other intellectual property right or the person authorized to act on his/her behalf.

Your signature.

The above claims can be sent to info@genial.ly

Third party content

The Genially service may include content developed by third parties, including but not limited to custom tags, windows and content from third-party websites incorporated into images via the custom tags or windows (“Third-Party Content”). Genially accepts no liability for any errors, omissions or other deficiencies in such Third-Party Content. Third-Party Content can be subject to its own terms of use, which you need to comply with in order to use such Third-Party Content.

Privacy

Your privacy is of utmost importance to us, as we believe that by protecting your privacy, we also make our service better. In order to see how we collect and process personal data, please see our Privacy Policy.

X. No Warranty

We, our officers, directors, employees, and our suppliers provide our website and services on an “as is” and “as available” basis. We do not make any warranties, whether express, implied or statutory (including but not limited to fitness for a particular purpose and non-infringement) regarding the use or the results of the use of the genially service or any third-party content, to the greatest extent permitted by law.

XI. Liability Limitation

In no event shall we, our subsidiaries, officers, directors, employees or our suppliers be liable for any loss or damage, including but not limited to lost profits and any special, incidental or consequential damages arising out of or in connection with our site, our services or these terms of use (however arising, including negligence), to the greatest extent permitted by law.

XII. Indemnity

You agree to indemnify and hold Genially (and our directors, employees or partners) inculpable for any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

XIII. Resolution of Disputes and Applicable Law

In the event a dispute arises between you and Genially, please email Genially at info@genial.ly, and we will work quickly towards a solution. Should we not be able to solve such a dispute amicably in due course, such disputes shall be resolved exclusively under EU law.

More info can be found at:

https://ec.europa.eu/consumers/odr/main/?event=main.home.show&reload=false

Genially Acceptable Use Policy.

Last updated March 24, 2017.

Genially’s Acceptable Use Policy (the "AUP") outlines the acceptable and unacceptable uses of the Genially service. It forms part of our Terms of Use, and terms defined in the Terms of Use have the same definition in this AUP. This is a binding document, and by accepting the Terms of Use you also accept this AUP. Therefore, please review these rules carefully and ensure that your use of the Genially service complies with the rules outlined in this AUP. We reserve the right to change this AUP at our sole discretion, and we will notify you of any changes by posting the new version on our website.

General Conditions

You must not annotate and/or display (i) any material protected by copyright or other intellectual property rights without the prior approval of the respective rights holder, nor (ii) any illegal, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable material, nor (iii) any material that may not be appropriate for all audiences (including pornography and other adult content).

You must not use the Genially service for any illegal, fraudulent or unauthorized purposes. You agree to comply with all local laws regarding online conduct and acceptable content.

You must not copy any elements of the Genially service, including the code and the design, or its name, trademark, logo or other proprietary information, without the company’s prior written consent.

You must not attempt to circumvent or breach any security or authentication measures put in place by Genially.

You must not create or submit unwanted tags to any images.

You must not transmit any worms or viruses, any code of a destructive nature or otherwise interfere with the operation of the Genially service.

You must not provide us or any other users of the Genially service with any false or misleading information.

You must not attempt to replicate or circumvent any of the functionality of the Genially service with any unauthorized solutions created by you or by a third party.

You must not encourage or solicit any third party to do any acts prohibited by the Terms of Use or this AUP.

educationCreated with Sketch.corporativeCreated with Sketch.big-corporationCreated with Sketch.info-1Created with Sketch.