1.1 Your use of GN95’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by GN95 under a separate written agreement) is subject to the terms of a legal agreement between you and GN95. “GN95” means Element Info Tech LLC, whose principal place of business is in Kansas City, Missouri, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with GN95, your agreement with GN95 will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with GN95 will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and GN95 in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2.1 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.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by GN95 in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that GN95 will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 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 GN95, 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.2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3.1 Where GN95 has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with GN95.3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4.1 GN95 is constantly innovating in order to provide the best possible experience for its members. You acknowledge and agree that the form and nature of the Services which GN95 provides may change from time to time without prior notice to you.
4.2 As part of this continuing innovation, you acknowledge and agree that GN95 may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at GN95’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform GN95 when you stop using the Services.
4.3 You acknowledge and agree that if GN95 disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.4.4 You acknowledge and agree that while GN95 may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by GN95 at any time, at GN95’s discretion.
5.1 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 process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to GN95 will always be accurate, correct and up to date.
5.2 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).
5.3 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 GN95, unless you have been specifically allowed to do so in a separate agreement with GN95. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with GN95, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.5.6 You agree that you are solely responsible for (and that GN95 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 GN95 may suffer) of any such breach.
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to GN95 for all activities that occur under your account.6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify GN95 immediately at https://gn95.com/help.
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the members who provide that Content to GN95 (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by GN95 or by the owners of that Content, in a separate agreement.
8.3 GN95 reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, block, ban, refuse or remove any or all Content from any Service.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.8.5 You agree that you are solely responsible for (and that GN95 has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which GN95 may suffer) by doing so.
9.1 You acknowledge and agree that GN95 owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by GN95 and that you shall not disclose such information without GN95’s prior written consent.
9.2 Unless you have agreed otherwise in writing with GN95, nothing in the Terms gives you a right to use any of GN95’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with GN95, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and GN95’s brand feature use guidelines as updated from time to time.
9.4 Other than the limited license set forth in Section 11, GN95 acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with GN95, you agree that you are responsible for protecting and enforcing those rights and that GN95 has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.9.6 Unless you have been expressly authorized to do so in writing by GN95, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10.1 GN95 gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by GN95 as part of the Services as provided to you by GN95 (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by GN95, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by GN95, in writing.10.3 Unless GN95 has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give GN95 a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling GN95 to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You understand that GN95, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit GN95 to take these actions.11.3 You confirm and warrant to GN95 that you have all the rights, power and authority necessary to grant the above license.
13.1 The Terms will continue to apply until terminated by either you or GN95 as set out below.
13.2 If you want to terminate your legal agreement with GN95, you may do so by (a) notifying GN95 at any time and (b) closing your accounts for all of the Services which you use, where GN95 has made this option available to you.
13.3 GN95 may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) GN95 is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom GN95 offered the Services to you has terminated its relationship with GN95 or ceased to offer the Services to you; or
(D) GN95 is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by GN95 is, in GN95’s opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect GN95’s rights regarding provision of Services under Section 4 of the Terms.13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and GN95 have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT GN95’s WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
14.3 IN PARTICULAR, GN95, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GN95 OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.14.6 GN95 FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GN95, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH GN95 MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE GN95 WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;15.2 THE LIMITATIONS ON GN95’s LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT GN95 HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
17.1 The Services may include hyperlinks to other web sites or content or resources. GN95 may have no control over any web sites or resources which are provided by companies or persons other than GN95.
17.2 You acknowledge and agree that GN95 is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.17.3 You acknowledge and agree that GN95 is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any products or other materials on, or available from, such web sites or resources.
18.1 GN95 may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, GN95 will make a new copy of the Terms available at https://gn95.com/terms.18.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, GN95 will treat your use as acceptance of the updated Universal Terms or Additional Terms.
19.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
19.2 The Terms constitute the whole legal agreement between you and GN95 and govern your use of the Services (but excluding any services which GN95 may provide to you under a separate written agreement), and completely replace any prior agreements between you and GN95 in relation to the Services.
19.3 You agree that GN95 may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
19.4 You agree that if GN95 does not exercise or enforce any legal right or remedy which is contained in the Terms (or which GN95 has the benefit of under any applicable law), this will not be taken to be a formal waiver of GN95’s rights and that those rights or remedies will still be available to GN95.
19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19.6 You acknowledge and agree that each company of which GN95 is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.19.7 The Terms, and your relationship with GN95 under the Terms, shall be governed by the laws of the State of Missouri without regard to its conflict of laws provisions. You and GN95 agree to submit to the exclusive jurisdiction of the courts located within the county of Jackson, Missouri to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that GN95 shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
20.1 All GN95 Content Creators are automatically enrolled into the Affiliate Program upon signing up. Being a member of GN95 does not guarantee inclusion in the Affiliate Program. We reserve the right to evaluate members and are the sole and exclusive decision-makers on Affiliate acceptance. If we choose not to allow your inclusion in the Affiliate Program, we will attempt to notify you in a reasonable manner. If you do not hear from us within a reasonable time frame, please consider your application rejected. We are not obligated to provide you any explanation for your rejection, but please be advised we may reject applicants for any reason or manner, including but not limited to a website or social media page which violates our Terms of Service.
20.2 You must be at least 18 (eighteen) years of age to join our Affiliate Program or use this Website as a member. By signing up for a GN95 membership, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. GN95 assumes no responsibility or liability for any misrepresentation of your age.
20.3 As a GN95 Affiliate, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank or online account which we may use to post payment).
20.4 We will provide you with a specific link or links which correspond to certain products or services we are offering for sale (collectively, the "Link"). The Link will be keyed to your identity and will send online users to the GN95 website. You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Link at all times. We may modify the specific link or links and will notify you if we do so.
20.5 Each time a user clicks through using the provided Link and we determine it is a Qualified Click, as described below, you will be eligible to receive the following specific amounts. $5.00 of the one-time registration fee. $1.00 or $2.50 of the reoccuring monthly membership fee.
20.6 We will determine whether payout is permissible in our sole and exclusive discretion. We reserve the right to reject clicks and/or sales that do not comply with the terms of this Agreement.
20.7 Processing and fulfillment of orders will be our responsibility. We will also provide real-time data regarding your account with us through the portal on which you log into the website.
20.8 As described above, in order to be eligible for payout, user clicks must be "Qualified Clicks." Qualified Clicks:
(A) Are clicks arriving to our website or websites through properly formatted links on the Affiliate Site;
(B) Are clicks arriving to our website which relate to one specific user; and
(C) Are not clicks sent by a bot or other automated web program.
20.9 Payouts will only be available when GN95 has your current address information as well as accounting and tax documentation as requested. You may be asked to submit a W8/W9 tax form. Accounting information may include the routing and account number of a bank where you wish to post a direct deposit or may include an email address for an online method of payment.
20.10 Currently, GN95 employs the following methods of payout:
Stripe, PayPal and Paper Check. Minimum payout when requesting a Paper Check is $100.00.
20.11 For any changes in your address or accounting information, you must notify us immediately and we will endeavor to make the changes to your payout information as soon as possible.
20.12 Payouts will be available the month or period after they accrue. For example, if payouts are made every 30 days, an entire 30 day period must finish for the payout of that period to be available in the following period.
20.13 We explicitly reserve the right to change payout information in our sole and exclusive discretion. If we do so, you will be notified.
20.14 For any disputes as to payout, GN95 must be notified within thirty days of your receipt of the payout. We will review each dispute notification as well as the underlying payout transaction to which it is related. Disputes filed after thirty days of payout will not be addressed.
20.15 You may log into your GN95 account to review reports related to your affiliation, such as payout reports and Qualified Click and/or Purchase information. Please be advised however, that not all listed qualifying clicks and/or purchases have been fully reviewed for accuracy in the reports viewable by you in real-time and therefore may be subject to change prior to payout.
20.16 You may only earn payouts as long as you are an Affiliate in good standing during the term. If you terminate this Agreement with us, you will qualify to receive payouts earned prior to the date of termination.
If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout.
We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of GN95 or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
20.17 You agree not to use the Affiliate Program or GN95 for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the general business of the Company.
(A) You further agree not to use the Affiliate Program:
(I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
(II) To violate any intellectual property rights of GN95 or any third party;
(III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
(IV) To perpetrate any fraud;
(V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
(VI) To publish or distribute any obscene or defamatory material;
(VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
(VIII) To unlawfully gather information about others.
20.18 You are responsible for ensuring operation and maintenance of the Affiliate Site, including technical operations, written claims, links, and accuracy of materials. You must ensure, as noted above, that the Affiliate Site does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights.
We may monitor your account, as well as clicks and/or purchases coming through your account. If we determine you are not in compliance with any of the terms of this Agreement, we have the right to immediately terminate your participation in the Affiliate Program.
We require all of our Affiliates to comply with all applicable statutes, regulations, and guidelines set by the federal government, through the Federal Trade Commission, as well as state and local governments as mandated. The Federal Trade Commission requires that affiliate relationships, such as the relationship between you and the Company, be disclosed to consumers.
We recommend that you seek independent legal counsel to advise you of our obligations to disclose in this manner.
You are required to post a conspicuous notice on your website regarding the Affiliate Program. The notice does not have to contain the precise words as the example given below, but should be similar:
We engage in affiliate marketing whereby we receive funds through clicks to our affiliate program through this website or we receive funds through the sale of goods or services on or through this website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
We also require you to comply with any and all applicable data privacy and security laws and regulations, including all of those which may impact your country of residence or your visitors. Such regulations include, but are not limited to, any applicable laws in the United States or the General Data Protection Regulation of the European Union. We also require that you implement adequate organizational and technical measures to ensure an appropriate level of security for the data that you process. Further, you hereby agree to comply with any requests which we may make to you regarding compliance with the General Data Protection Regulation or requests which you may receive from data subjects.
If we find you are not in compliance with any of the requirements of this subpart, we may terminate our relationship with you at our sole and exclusive discretion.
20.19 You agree not to reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on any of our websites or services. You must also agree not to violate the security of any of our websites or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
20.20 GN95 does not accept responsibility for the security of your account or content. You agree that your participation in the Affiliate Program is at your own risk.
20.21 You agree to defend and indemnify GN95 and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. You agree that GN95 shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
20.22 You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
20.23 GN95 may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
20.24 You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by us are on an "As Is" basis. GN95 hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. GN95 makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure. GN95 also makes no warranties as to the reliability or accuracy of any information. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that GN95 is not liable for any such damage or loss.20.25 GN95 is not liable for any damages that may occur to you as a result of your participation in the Affiliate Program, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to one hundred ($100) US Dollars. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
21.1 All content posted to GN95 belongs to the Content Creator. This includes, but is not limited to text, images, videos and all other uploaded material. To reuse or retransmit content found on GN95 you must first seek the written or verbal approval of the Content Creator.
21.2 Individuals, Agencies, Non-for-Profits and all other Businesses are prohibited from downloading, scrapping, indexing or using any manual or automated method to obtain data from GN95. Content uploaded to GN95 is not intended for resell or use by media outlets, newspapers or any other website. Please contact the Content Creator directly for ways, means and licensing procedures.21.3 All content posted and/or uploaded to GN95 must be owned by the account holder. To report content uploaded to GN95 in an unlawful or unethical way, please contact us using the Help page.
22.1 The first 30 days of your membership is considered a trial membership. A full refund will be given for trial memberships cancelled during the trial period.
22.2 You can cancel your GN95 membership at any time. Please note that you must cancel your membership before it renews for a subsequent month in order to avoid being charged for the next month’s membership fee. If you cancel your membership, the cancellation will become effective at the end of the then-current monthly membership period.
22.3 We do not provide credit, refunds, or prorated billing for memberships that are cancelled mid-month. In such a circumstance, you will continue to have access to your membership until the end of the monthly billing cycle.22.4 A refund will not be provided, offered or considered for accounts that violate our Terms of Service. Any account that has been suspended, banned or terminated, for any reason will not receive a refund. No expections will be made. This includes and is not limited to the trial period.