Product Genius App by Gamalon, Inc.
Gamalon, Inc. ("Gamalon," "we," "our", or "us") operates the ProductGenius App (the "App") available in the Shopify App Store (the “App Store”) for the Shopify merchants (the “Merchants”) to transform the online experience of visitors (the “Visitors”) to their Shopify stores (the “Stores”) and boost their conversion rates. This Terms of Use applies to the visitors (the “Visitors”) to the ProductGenius App (the "App"), our Shopify Portal (the “Portal”), our Website (the “Website”), and our web or application servers (the “Servers”). The App, the Portal, the Website, and the Servers collectively provide services (the “Services”) to the Visitors and the Merchant users.
To assist you in using the Services and to ensure a clear understanding of the relationship arising from your use of the Services, we have created (i) these Terms of Use (the "Terms of Use" or "Terms") and (ii) the Privacy Policy. Our Privacy Policy explains how we treat information you provide to us via the Services, including information that identifies you as an individual (“Personally Identifiable Information”), and our Terms govern your use of the Services, including the services available through the App, the Portal, the Website, and the Servers. Our Terms and Privacy Policy apply to all the Visitors (collectively, "you").
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SERVICES. BY ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SERVICES.
These Terms govern: (i) your use of the Services; (ii) your provision of information while using the Services (collectively, the "User Content"); and (iii) your use of information obtained through the Services, including information, software, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Gamalon or its licensors and made available to you through the Services (collectively, the "Gamalon Content"). Please read these Terms carefully because they impose legal obligations on you and on Gamalon, and establish our legal relationship. By accessing our Services, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
If you are agreeing to our Terms of Use on behalf of a company or other legal entity ("Your Organization"), then (i) you represent and warrant that you have authority to act on behalf of, and to bind Your Organization, and (ii) for all purposes in these Terms and the Privacy Policy, the term "you" means Your Organization on whose behalf you are acting.
Our Privacy Policy explains how we treat information that you provide to us through the Site. By accessing our Services, you consent to our privacy practices as set out in our Privacy Policy, which is available at: https://productgenius.io/privacy.
The information, software, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Services or the Gamalon Content, are the property of Gamalon and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Gamalon and its licensors retain all rights with respect to the Services and the Gamalon Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Site unless specifically authorized in writing by Gamalon.
By submitting User Content when interacting with the Services, uploading files, or otherwise (if such features are available to you), you grant to Gamalon a perpetual right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing Services to you and for Gamalon's operations. No compensation will be paid with respect to Gamalon's use of your User Content under this grant. You represent and warrant that you own all rights needed to provide the grant set out in this Section 4.1 (Grant of Rights to Gamalon in User Content).
Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, worldwide rights to access, execute, perform, and otherwise use the Services and Gamalon Content solely for your personal purposes, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Services or Gamalon Content; (ii) modify or make derivative works based upon the Services or Gamalon content; or (iii) reverse engineer, reverse compile, or access the Services or the Gamalon Content in order to build a competitive product or service. You may access the Services and the Gamalon Content for use solely as provided in these Terms.
AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:
• Upload, email, or otherwise transmit User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography, or is otherwise objectionable.
• Disseminate material that impacts or invades the privacy of others, such as photographs, video clips, sound recordings, Personally Identifiable Information, or other materials that reveal personal, private, or sensitive information about another person, without that person's consent.
• Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
• Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, images, and text in electronic form – can easily be copied, modified, and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Servers (through use of the Services) without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.
• Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personally Identifiable Information.
• Use the Services to artificially generate traffic or page links to the Services or for any other purpose not expressly allowed under these Terms.
• Use the Services in a manner that could disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services, such as through sending "spam" email.
• Use the Services to test or reverse engineer the Services in order to find limitations, vulnerabilities, or to evade filtering capabilities.
• Seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Services.
• Use the Services for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Services to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
We reserve the right at any time to (i) monitor your use of the Services, and (ii) terminate or suspend your use of some or all portions of the Services if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.
Although we have no – and assume no – obligation to monitor activities on the Services, please understand that we may employ filters designed to detect and block inappropriate content under our Code of Conduct. We reserve the right to request edits to remove any information or material, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE SITE OR SERVICES AT ISSUE AND REMOVE THE CONTENT AT ISSUE.
Our Code of Conduct is based in many instances on principles of applicable law. Accordingly, users who violate our Code of Conduct may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney's fees. Gamalon reserves the right at all times to disclose information that it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with our Privacy Policy.
If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us as set out in Section 19 (Contact Us).
The Services may contain links to third party websites (collectively "Linked Sites"). Linked Sites may include websites operated by third party vendors that we may engage to provide certain Services to you on our behalf. Gamalon does not own these Linked Sites and Gamalon does not assume any responsibility or liability for any content, opinions, material available on Linked Sites, or such Linked Sites' privacy practices with respect to information that you provide to the Linked Sites. Gamalon does not endorse the content of any Linked Site, nor does Gamalon warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Services to link to another site (including Linked Sites), you agree and understand that such use is at your own risk. For example, if you submit Personally Identifiable Information to a Linked Site, then the Personally Identifiable Information that you submit shall be governed by the Linked Site's privacy policy and terms of use, and not by Gamalon's Privacy Policy and Terms of Use.
Gamalon is not responsible or liable for User Content or user conduct. You are solely responsible for your User Content, conduct, and interaction with other site visitors, both online or offline. We have no obligation to become involved in disputes between Site users. If you have a dispute with another Site visitor, then you release Gamalon (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
GAMALON DOES NOT PROMISE THAT THE APP, THE PORTAL, THE WEBSITE, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. THE APP, THE PORTAL, THE WEBSITE AND CONTENT THEREIN, AND THE SERVICES ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE APP, THE PORTAL, THE WEBSITE AND CONTENT THEREIN, OR USE THE SERVICES, YOU DO SO AT YOUR OWN RISK. GAMALON DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.
GAMALON DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE APP, THE PORTAL, THE WEBSITE, OR THE SERVICES; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE APP, THE PORTAL, THE WEBSITE, OR THE SERVICES INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE APP, THE PORTAL, THE WEBSITE, THE SERVICES, AND THE CONTENT THEREIN IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL GAMALON BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE APP, THE PORTAL, THE WEBSITE, THE SERVICES, AND ANY CONTENT THEREIN.
You agree to defend, indemnify, and hold Gamalon and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms or the Privacy Policy.
We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Services. Please feel free to print out a copy of these Terms for your records.
These Terms shall not be assignable by you, either in whole or in part. Gamalon reserves the right to assign its rights and obligations under these Terms.
These Terms shall be governed in all respects by the laws of the Commonwealth of Massachusetts without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts located in Massachusetts, in the judicial district that includes Cambridge, Massachusetts. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Gamalon's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Subject to Section 18 (Relationship to Privacy Policy and Other Contracts), this agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Gamalon and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
Certain portions of the App, the Portal, the Website, or the Services offered may be subject to additional or different terms and conditions. We will notify you if the Service or portion of the Site is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Service or Site if you do not agree with the differing terms and conditions.
In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive the termination of these Terms and shall apply indefinitely: (i) Section 3 (Ownership; Reservation of Rights); (ii) Section 10 (Warranty Disclaimer); (iii) Section 11 (Limitation of Liability); (iv) Section 12 (Indemnity); (v) Section 14 (Assignment); and (vi) Section 15 (General).
These Terms must be read in conjunction (i) with other agreements into which you may enter concerning the Services (if any), and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly, to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement shall control.
If you have any questions about these Terms, the practices of the App, the Portal, the Website, or your dealings with the Services, please contact us using the form available on our Site, or at: [email protected].
The effective date of these Terms of Use is Nov 14, 2022.
Copyright © 2022 Gamalon Inc. All Rights Reserved.
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