TERMS OF USE
Insatiable Genius Terms of Use
Last Updated: June 2, 2021
Welcome to the web site owned and operated by Insatiable Genius, LLC. (“Insatiable Genius”). “Insatiable Genius” means Insatiable Genius LLC., whose principal place of business is at 3225 McLeod Drive, Suite 100, Las Vegas, NV 89121, United States. Your use of Insatiable Genius, software, services and web sites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and Insatiable Genius. (Referred to as the “Terms” and the “Agreement” in this document)
This document explains how the Agreement is made up, and sets out some of the Terms of that Agreement. Unless otherwise agreed in writing with Insatiable Genius, your agreement with Insatiable Genius will always include, at a minimum, the Terms set out in this document. If you do not agree with anything we explain, require, or allow, your only recourse is to not use the Services.
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by: (A) clicking to accept or agree to the Terms, where this option is made available to you by Insatiable Genius in the user interface for any Service, or (B) by actually using the Services. In this case, you understand and agree that Insatiable Genius will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Insatiable Genius (You have to be at least 18 or have the express permission of your parents to enter this Agreement, and therefore to use the Services. You also must be at least 13 to use the Services, regardless of whether your parents give you permission.), or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. If you continue on to use the Services, you represent to us that you meet these requirements.
Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from the Services, except as expressly permitted by the Terms of Use.
Insatiable Genius reserves the right to modify the Agreement at any time without giving you prior notice. Your use of the Services following any such modification constitutes your consent to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth above.
1. Use of the Insatiable Genius Services
You may use the Insatiable Genius web sites, and the information, writings, images and/or other works that you see, hear or otherwise experience on the web sites (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Insatiable Genius Services. No right, title or interest in any Content or Services is transferred to you, whether as a result of downloading such Content or Services or otherwise. Insatiable Genius reserves complete title and full intellectual property rights to all Content and Services.
If you download anything from any of our web sites (including Services and Content), all copyright and other notices must be kept intact. It is our policy to respond to notices of alleged copyright infringement that comply or substantially comply with the Digital Millennium Copyright Act (“DMCA”), (the text of which can be found at the U.S. Copyright Office Web Site), and other applicable intellectual property laws. Steps for submitting notices under the DMCA to us are summarized and available at http://www.insatiablegenius.com/info/copyright_infringement/.
In order to access certain Services, you may be required to provide information about yourself, such as identification or contact details, as part of the registration or purchases process for the Service, or as part of your continued use of the Services. (Please see the Insatiable Genius Privacy Policy for further details) You agree that any information you give to Insatiable Genius will always be accurate, correct and up to date.
If you purchase any Services, recognize that it is governed by license and/or law and treat it accordingly. In particular, intellectual property laws and export control laws govern our software, and license and intellectual property laws govern our Content; compliance with these and other applicable laws is your responsibility. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement. All purchases are final. Unless you have been specifically permitted to do so in a separate agreement with Insatiable Genius, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
2. User Conduct
Here at Insatiable Genius we try to live by a simple code, “Never do anything that you would be afraid to tell your Grandmother.” You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You also agree not to use the Services in any manner that might interfere with the rights of third parties.
You agree not to take any action that might compromise the encryption or security technologies of the Services, render the Services inaccessible to others or otherwise cause damage to the Services or the Content (or the servers and networks which are connected to the Services). You also agree that you will not attempt to hack, circumvent, reverse engineer, or otherwise interfere with the Services.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Insatiable Genius. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including the use of scripts or web crawlers).
You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you.
You agree that you are solely responsible for (and that Insatiable Genius has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Insatiable Genius may suffer) of any such breach.
You use the Services at your own risk. We are not responsible for your use or misuse of any Services, nor are we responsible if you are offended or insulted or otherwise harmed.
Please do not send your unsolicited ideas to Insatiable Genius or anyone at Insatiable Genius. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Insatiable Genius, without any compensation to you; (2) Insatiable Genius will have no obligation to return your idea to you or respond to you in any way; (3) Insatiable Genius will have no obligation to keep your idea confidential; and (4) Insatiable Genius may use your idea for any purpose whatsoever, including giving your idea to others.
We welcome your feedback on ways we could improve our Services to help satisfy customer’s needs. Feedback can be provided through the many listed contact areas. You agree that any material, information, or data you transmit to us (each a “Submission or collectively “Submissions”) will be considered non-confidential and non-proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Insatiable Genius the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
You may link to the site, but only if you comply with the Insatiable Genius Trademark and Usage Guidelines.
3. No Warranty.
THE SITE, INCLUDING WITHOUT LIMITATION ALL INFORMATION, CONTENT AND SERVICES MADE AVAILABLE ON IT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. INSATIABLE GENIUS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. INSATIABLE GENIUS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. INSATIABLE GENIUS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE VIEW OR OBTAIN CONTENT, SERVICES AND/OR OTHER MATERIAL AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF SUCH CONTENT, SERVICES OR OTHER MATERIAL.
INSATIABLE GENIUS CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT SERVICES OR CONTENT WILL BE FREE OF INFECTION BY SOFTWARE VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS.
THIS SITE IS CONTROLLED AND OPERATED BY INSATIABLE GENIUS FROM ITS FACILITIES IN THE UNITED STATES. INSATIABLE GENIUS MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
4. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL INSATIABLE GENIUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF INSATIABLE GENIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, THE CONTENT, OR WITH THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL INSATIABLE GENIUS BE LIABLE TO YOU FOR ANY AMOUNT.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSATIABLE GENIUS SHALL NOT BE LIABLE FOR ANY THIRD PARTY CONTENT YOU ACCESS, DOWNLOAD AND/OR PURCHASE THROUGH THE SITE OR FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL ACTIVITIES OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM FROM ANY OF THE FOREGOING LIES ENTIRELY WITH YOU.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
5. Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Insatiable Genius and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Services and Content.
6. Indemnification.
You understand and agree that you are personally responsible for your behavior. You agree to defend, hold harmless and indemnify Insatiable Genius, its officers, directors, employees affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers, from and against all claims arising from or in any way related to your use, misuse or inability to use any of the Insatiable Genius Services and Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and attorneys’ fees, of every kind and nature.
7. Governing Law; Venue.
This agreement shall be construed as if jointly drafted by the parties. This agreement shall be governed by and construed and enforced in accordance with the laws of the State of Nevada (United States of America) without regard to its rules on conflict of laws or any other rules that would result in the application of a different body of law. Any legal proceedings arising out of or relating to this agreement or its alleged breach shall be brought in the Federal District Court for the Southern District of Nevada or, in the event that such court lacks jurisdiction, in the Nevada state courts in Clark County, Nevada, to the exclusion of any other forum. The parties hereby submit to the exclusive personal jurisdiction of these courts and hereby waive any forum non-conveniens, venue or other challenge to the appropriateness of such courts. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. The parties also unconditionally waive their respective rights to a jury trial for any claim or cause of action arising out of or relating to, directly or indirectly, this agreement or the subject matter thereof.
8. Miscellaneous.
If any provision of this agreement is held to be invalid or unenforceable, including without limitation the warranty disclaimers and liability limitations set forth above, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Insatiable Genius’s failure to act with respect to a breach by you or others does not waive Insatiable Genius’s right to act with respect to subsequent or similar breaches. The failure of Insatiable Genius to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of this agreement. Those rights and obligations that by their very nature are intended to survive termination or expiration of this agreement shall survive, including without limitation your obligation to indemnify Insatiable Genius, Insatiable Genius’s disclaimer of all warranties, and the limitation of liability herein. This agreement, together with the privacy policy and any other agreements between you and Insatiable Genius concerning the site or its services, constitutes the entire agreement between Insatiable Genius and you with respect to the site.
NOTICE: The terms “Insatiable Genius ®” and “ToonPAINT ®” are trademarks of Insatiable Genius, LLC. ©2012 All rights reserved. All other marks that appear throughout the site belong to Insatiable Genius or the respective owners of such marks and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Site without the express written authorization of Insatiable Genius or the owner of the mark, as appropriate, is strictly prohibited.