You may access certain parts of the Website without registering or providing Elements of Genius with your details.
As the information on the Website may be incomplete, out of date or inaccurate and may contain technical inaccuracies or typographical errors, Elements of Genius reserves the right to update the Website at our sole discretion. Thus, such information may be changed or updated without notice.
We reserve the right to make changes to this legal notice. Any changes we may make to this legal notice will be posted on this page and, where appropriate, we will also notify you by email. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
Intellectual Property Rights
We and/or our licensors are the owners of all intellectual property rights in the Website, and the Website and the materials on the Website are protected by intellectual property laws around the world including copyright and trade mark laws. Subject to the terms of this legal notice and any other license agreements between you and Elements of Genius, all such rights are reserved and no materials may otherwise be copied, modified, published, broadcast or otherwise distributed without our prior written permission. Elements of Genius, Wellnest and/or any other names of products or services provided by Elements of Genius and referred to on the Website are either trademarks or registered trademarks of Elements of Genius.
Notwithstanding the foregoing and where applicable, copyright in each illustration that appears on the Website is owned by the rights holder(s) named in ‘Picture Details’ window for that illustration. All rights are reserved. No illustration from the Website may be copied, modified, published or broadcast or otherwise distributed.
Use of Website content
Except where a Blog post states otherwise, you are permitted to read, print and download one copy of portions of the information on this Blog and make personal use of it, and you may duplicate and reference limited portions of the Blog for “classroom use” on the condition that you provide appropriate attribution and/or links back to this Blog. In doing so, you may not remove or alter any RSS feed, internal text link, trademark, watermark, copyright, or other proprietary notice. For duplications and references in print, Blog content must appear unedited and at the top of each section that displays such Blog content, however, hyperlinks may be replaced with full URLs. A link to the Blog must appear prominently at the top of each Web page displaying Blog content, as permitted by this section.
You may not make any commercial use of this material without obtaining our prior written permission.
If you sign up to receive newsletters or subscribe to our Blog posts by email you may only use the material sent to you for non-commercial use.
Usernames and Passwords
Where you have registered on the Website and have been provided with a username and password, you agree not to make available your username and/or password to anyone. If there has been a disclosure of your username and/or password, you agree to notify us promptly of such disclosure so that Elements of Genius can take appropriate security measures and provide you with a new username and password.
User Content and Submitted Materials
By submitting material for inclusion on the Blog, you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. By posting material on our Blog, you are also giving Elements of Genius the right to use such content for promotional and marketing purposes.
Please do not submit any unsolicited confidential, secret or proprietary information or material through the Blog, by email or in any other way. Any materials submitted or sent to us on or through the Blog (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by the Elements of Genius in any manner. By submitting or sending Submitted Materials to us, you represent and warrant that the Submitted Materials (in whole and in part) are original to you, that no other party has any rights thereto, and that any “moral rights” in such Submitted Materials have been waived.
You agree that you have all necessary rights in and to the Submitted Materials and that such materials will not infringe any personal or proprietary rights of any third parties, that such material is not technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You agree that, while using this Blog, you will not upload, post or transmit to or distribute or otherwise publish through the Blog any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, without first obtaining permission from the proprietary or intellectual property rights holder; (b) are unlawful, threatening, harassing, profane, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or Elements of Genius individuals), invasive of another’s privacy or hateful; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus, spyware, or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also agree that, in submitting any materials to this Blog, you will not: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) offer to buy or sell any product or service on or through your comments submitted to our Blog; (c) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users, contact information or other information, or send chain letters or pyramid schemes via the Blog; or (d) obtain or attempt to obtain unauthorized access to other computer systems, materials or information through any means. You agree that you will not use the Blog in any manner that could damage, disable, overburden, or impair the Blog or interfere with any other party’s use and enjoyment of the Blog. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Blog.
Elements of Genius makes no warranties or representations of any kind concerning the accuracy or suitability of the information contained on the Website for any purpose. All such information is provided “as is” and with a specific disclaimer of any warranties of merchantability, fitness for purpose, title and/or non-infringement. Elements of Genius makes no warranties or representations of any kind that the services provided by this Website will be uninterrupted, error-free or that the Website or the server that hosts the Website are free from viruses or other forms of harmful computer code.
Links to other websites are provided by Elements of Genius in good faith and for information only. Elements of Genius disclaims any responsibility for the materials contained in any website linked to the Website.
In addition, a link to a non-Elements of Genius website does not mean that Elements of Genius endorses or accepts any responsibility for the content, or the use, of such website or the products and/or services offered on such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans and other items of a destructive nature.
While we endeavor to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Elements of Genius reserves the right, at its sole discretion, to review, edit or delete any content posted by users that Elements of Genius deems does not comply with the Guidelines (link) and/or is defamatory, unlawful, threatening, obscene or otherwise objectionable. Notwithstanding the foregoing, Elements of Genius expressly disclaims any responsibility or liability for any content uploaded by you or any other user of the Website. We also have the rights to disclose your identity to law enforcement authorities or to any third party who claims that any content posted or uploaded by you to our Website constitute a violation of their intellectual property rights, or of their right to privacy.
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this legal notice or the Guidelines through your use of the Website. When a breach of this legal notice or the Guidelines has occurred, we may take such action as we deem appropriate including but not limited to blocking without warning or discussion any user who does not adhere to this legal notice or Guidelines, and remove all previous posts and contributions.
Failure to comply with this legal notice and/or the Guidelines may result in immediate temporary or permanent withdrawal of your access to and/or right to use the Website.
Global Nature of Websites
You recognize the global nature of the Website and thus, agree to comply with all applicable local laws in your jurisdiction when using the Website.
Information we publish on the Website may contain references or cross-references to our services and/or products offered that are not announced or available in your country. Such references do not imply that we intend to announce such services and/or products in your country.
You agree that this legal notice shall be exclusively governed in accordance with the laws of and the courts in the United States of America. Notwithstanding the foregoing, nothing in this legal notice will preclude Elements of Genius from applying to any court to bring an action for the infringement of its intellectual property rights.
If you have any concerns about material which appears on the Website, please contact us.
Effective Date: February, 18 2016