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TERMS OF USE

[Privacy policy will follow]

 

This document sets out your rights and responsibilities for accessing or using the EverWebinar and WebinarJam websites at www.everwebinar.comwww.webinarjam.com, the Kartra website at www.kartra.com, and other associated sites linked hereto and operated or controlled by Genesis Digital, LLC (“Genesis Digital”) including but not limited to genndi.com unless expressly excluded or where a separate policy is provided (collectively, “the Sites”).

 

Our overall Terms Of Service also include the sections displayed in the DMCAGDPR,  Privacy PolicyAcceptable UseBilling PolicyEULA and DPA pages. Please make sure to read them as well.

 

BACKGROUND

 

Please read these terms carefully because all uses of the Sites are subject to these terms of service (“Terms” or “TOS”). By using the Sites, you are acknowledging that you have read this and agree to it.

 

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. There are no exceptions.

 

You must also be at least eighteen years old to use the Sites without adult supervision. If you are under 18 years of age, you may not use the Sites or purchase any product or service from us without the supervision of your parent or guardian.

 

We reserve the right to amend or change all or parts of this TOS from time to time. Any such amendments or changes will be posted here and shall constitute the new terms and conditions for the EverWebinar, WebinarJam, and/or Kartra Sites from the time they are posted.

 

Users of the EverWebinar, WebinarJam, or Kartra software and services are subject to their respective End User License Agreement, (“EULA”) and Acceptable Use Policy, which control the use of those services. To the greatest extent applicable, those agreements and policies, together with our Privacy Policy (see below), form a part of these Terms of Service and apply to your use of the Sites.

 

A. Privacy Policy, and Other Documents

 

You may find links to our Privacy Policy page, and any other legal page in this site, at the footer of this page.

 

Briefly, we generally collect only as much personally identifying information as is required to provide the services. Our general policy is not to disclose any personal nonpublic information of any visitor, customer, member, or client to any third-party, except under very limited circumstances.

 

We only disclose such information to improve the services or your user experience, or when we are required to disclose. We will disclose only as much as information as is needed to provide the enhanced user experience or improved service. We will disclose where strictly required by law – e.g., if we are under a subpoena or court order, and/or if our attorneys advise us to provide the information. While we are very protective of our user’s personal data, you agree that Genesis Digital or our assignees may disclose your personal information to a third-party if we, in our sole discretion, believe that the law or legal process requires it, or to protect the rights, property, or safety of Genesis Digital or others, or as otherwise described in our posted Privacy Policy.

 

Users of the Site(s) should refer to our Privacy Policy for more detailed information about how we use and collect information.

 

You also understand that the Sites or portions of the Sites are publicly available and that if you post on a public site or via social media your post (including any personal information therein) may be publicly accessible via search engines and other means on the public Internet. Genesis Digital assumes no responsibility for information that YOU make public, and we will not be liable for any harm or damages that may arise from disclosures of your personal identifying information made by you or others not in our control. You should be careful and avoid posting information you do not wish to disclose on a public site or via social media. If you post via social media, we do not have control over the content of your post.

 

B. Authorized Uses of The Site(s)

Your Use of the Sites is Subject to This Limited License

 

The EverWebinar, WebinarJam, and Kartra Sites, and all content thereon (the “Content”), is the exclusive and private property of its owner(s) unless otherwise stated. Use of the Sites is permitted under a “limited license” that provides you limited access under these Terms.

 

Your access can be revoked without warning if you violate these Terms. Except as otherwise expressly provided, your right to access and to use the EverWebinar, WebinarJam, and Kartra Sites is personal to you. You may not share your access, username, login, or password to the Sites, or to any software, products, or services offered via the Sites. You agree to keep your login credential secure, and to comply with all password security policies, including password change and complexity requirements. You understand that if you are prompted to change your password, you may lose access to the Sites, software, products, or services if you fail do so.

 

You may use a standard web-browser (e.g. on a desktop, laptop, or similar computer, or on a portable device such as a tablet, smartphone, or other mobile device) to access the Sites, software, products, and services. All other software to access the Sites, the Content, or our database(s) is in violation of these TOS.

 

Permissible uses of the EverWebinar, WebinarJam, and Kartra Sites includes all the uses which would normally be associated with a site of this nature, and which are not expressly prohibited herein. For example, our Sites may provide videos or posts – you can view them and replay them. Some Content may include an invitation or opportunity to comment, discuss, or post questions or feedback for us via the Sites or via social media. You may also have opportunities to participate in our polls, surveys, discussion threads, forums, or the like. You may have the ability to interact with and share experiences with us or other users.

 

You may also provide feedback or input to us directly in certain areas of the Sites, such as where comments are permitted. You can share the Sites with others via social media; however, you may not provide any link to an internal page on the Sites that is not public, whether or not you have a URL for such page. You may have access through the Sites to software, products, or services that you have licensed or purchased from us, or subscribed to. In most cases you will have to provide your login credentials to gain access.

 

Copying, Downloading, & Sharing

 

You understand and agree that the Content on the Sites is subject to copyright laws in the US and internationally. You may only copy or download content or information on the Sites that is expressly provided for that purpose. You understand and agree that we, in our sole discretion can decide which content you may download, copy, and/or share and that you will abide by our decisions and policies with regard to our content. You understand that if you do copy or reproduce any information without permission, we may immediately terminate your access to the Sites and/or to the products or services.

 

If a file is made available for and intended for downloading, there will be downloading instructions, which tell you that you candownload it and will also indicate whether you may share it. If a downloadable file does not expressly state that you may share it, then you may not do so without written permission.

 

Unauthorized use of the Sites or the content is strictly prohibited.

 

While there are many permitted uses of the EverWebinar, WebinarJam, and Kartra Sites as detailed above, not all uses are permitted.

 

Except as expressly provided, no commercial uses are allowed of the Site(s) or any of the Content without written permission. The foregoing in no way limits the use of the EverWebinar, WebinarJam, or Kartra software by registered Users or licensees whose use is controlled by their respective End User License Agreement. Any use of the Sites that could in any way damage or impair the functionality for other users to any extent is prohibited.

 

You agree to respect our intellectual property rights and understand that you may not download or copy ANY of our Content in ANY area of the Site, except where permission to do so expressly provided, or unless such information is provided on specific parts or portions of the Sites, such as a “Downloads” or “Free Resources” section.

 

You may not download or copy our information yourself and you may not employ any automated device, software tools, harvester, extractor, scraper, spider, robot, program, code, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, or copy the Sites or any portion thereof, or any Content. You may not reproduce the Sites or portions thereof in any way, nor ‘mirror’ the sites at a separate location or server. You may not obtain or attempt to obtain any Content through any means not purposely made available through the normal use of the Sites (e.g. using a standard web browser).

 

You also expressly agree not to attempt to reverse engineer, replicate, or circumvent any software, product, or service feature of the Sites, or that is marketed through the Sites.

 

You also agree not to attempt to divert traffic from the Sites by use of a confusingly similar domain name. You agree not to claim or suggest ownership or control of the Sites, nor to imply or suggest any non-existent affiliation with the Sites. You agree not to use comment or feedback threads to post support issues, complaints, or issues related to sales, or problems with access to software, products, or services including EverWebinar, WebinarJam, Kartra, or others. You also agree not to use such opportunities for posting comment spam, links to other software, products, or services, or attacking other users. You understand and agree that any such prohibited uses may result in the loss of access to the Sites, software, products, or services without warning or refund.

 

You also may not attempt to gain unauthorized access of any kind to the Sites, or to any software, product, or service offered through the Sites via any means including hacking, password guessing, backdoors, code injection, or any other means. You also agree that you will not engage in any activities using the Sites that violate applicable laws or regulations in your locale. Such uses are strictly prohibited and include invasion of privacy laws, laws pertaining to defamation or libel, or the like.

 

C. Intellectual Property

 

All Content (including e.g. text, graphics, video, video scripts, music, artwork, sounds and sound tracks, visual components, photographs, and computer code, as well as branding, logos, and such), including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement on the Sites, or in the software, products, or services offered through the Sites is owned or controlled by, or under license to Genesis Digital, and is protected by US and international copyright, trademark, trade dress, and various other applicable intellectual property rights, including unfair competition laws.

 

You agree that you will not remove, replace, or obscure any copyright, trademark, service mark or other indicia of source or ownership, nor any notices or legends used in connection with any Content provided on the Sites or software, products, or services offered through the Sites, nor with respect to anything that you may post or upload to the Sites (if any uploading is permitted) or via any software or service. Any effort to remove, replace, or obscure such marks is a violation of our Terms of Service.

 

The prohibition on removing copyright and similar notices applies to any downloadable files that may be provided on the Sites, even where we give you permission to share those files with others. You must share the file as we provide it and not remove our marks, notices, or legends. Third party content, if any, provided by users may be copyrighted by such third parties and its use on the Sites is with permission, or solely for discussion, commentary, and/or educational purposes, and is believed to be a fair use within the meaning of 17 USC § 107.

 

Trademarks

 

EverWebinar, WebinarJam, Kartra, and other trademarks and service marks referenced herein are trademarks and/or service marks of Genesis Digital.

 

Genesis Digital’s marks (whether or not registered) may not be used for any reason(s) without written permission, regardless of purpose or intent. You agree not to register, operate, or lease any domain with a confusingly similar name to any such mark(s) without permission from Genesis Digital. Any other trademarks or service marks used or mentioned herein, whether or not registered, are the property of their respective owners. Permission for the use of any third-party mark should be obtained from the owner.

 

For purposes herein, discussion or commentary that may involve federally registered trademark names, or names

protected under the common law is believed to be nominative use that is permissible and not subject to restriction.

 

Product Improvements/Ideas/Feedback/Suggestions

 

We are always looking to improve our software, products, and services. We welcome your ideas, suggestions and comments for improvements, or new products or services. We accept all unsolicited ideas, suggestions, and feedback solely on an unrestricted basis, meaning that we are not limited in how we utilize, implement, or commercialize the ideas, suggestions, or feedback. Our acceptance of your voluntarily submitted ideas, suggestions, or feedback is not an acknowledgement or admission that anything in the idea, suggestion, or feedback is original to you. Unless we have agreed otherwise in writing prior to your submission, you understand that we own all rights to any improvement(s) or new product(s) we make, whether or not they incorporate or appear to incorporate (in whole or in part) any idea, feedback or suggestion you have provided. You agree to relinquish and/or assign any right, title, or interest in such suggestion that you might otherwise retain. You agree that our review and consideration of your idea, suggestion, or feedback, and/or our implementation or development thereof (in whole or part), as well as your access or continued access to the software, product, or service, are adequate compensation for your assignment thereof. Do not submit any ideas, suggestions, or comments unless you understand and accept the foregoing.

 

D. External Links, Affiliate Relationships and Marketplaces

 

D.1 Third Party sites

 

We may provide various links to external sites that provide useful resources, products, or services that we believe may be useful to you, valuable for your business, or just worth exploring. In some cases, we may recommend a product or service, while in other cases we may merely suggest that you check it out or consider whether that product or service is useful for you.

 

Sometimes we’ll provide hyperlinks (or “links”) that will direct you to or connect you with other websites that are not related to the Sites.

 

Where such websites are third party owned and operated, they are not prepared by, offered by, or controlled by us. We are not responsible in any way for the quality, content, nature, applicability, or reliability of third party sites accessible by hyperlink from the Sites. If you choose to leave our Sites you should be aware that our Terms of Service, Privacy Policy, and other policies no longer apply. You should review the applicable terms and policies, including privacy and data-gathering practices, of whatever site you go to, whether or not you followed a link from one of our Sites to get there.

 

Unless we say otherwise, our decision to provide links to external or third party sites does not necessarily imply affiliation, endorsement, or adoption of those sites, any information contained therein, or any products or services offered on the sites. We do not and cannot guarantee that the information or other material linked is accurate, current, or available. You understand that we assume no responsibility or liability for any external links or any content on such third party sites, and you agree that we are not responsible whatsoever for any actions you take there, including any purchases. We likewise make no claims regarding and accept no responsibility for third party sites that link to our Sites.

 

Even where we expressly endorse a product or service (which endorsement may be based on the personal or professional opinion of one or more persons), you understand that our position or opinion on the product or service is based on those factors we have considered, and that we do not have the ability to evaluate or opine on the quality, price, advisability, suitability, need, or satisfaction that you may experience with such products or services. You should always do your own due diligence on any product or service prior to purchasing, to determine if it is right for you, whether or not we recommend it.

 

D.2 Affiliate Offerings

 

In some cases Genesis Digital or its owners may have an affiliate relationship with a third party site or service provider mentioned on the Sites, and may be compensated (e.g. receive a valuable benefit, or even a commission) if you visit and/or purchase a product or service from the affiliated site. We will generally endeavor to identify any such relationships so that you understand that even though we endorse a particular product or service, we also may be compensated in some way if you choose to do business with the recommended business or site. However, you should assume that we do have such a relationship – and that we will be compensated if you purchase a product or service. Where we have an affiliate relationship with such third party sites, our receipt of compensation does not increase your cost to purchase the product or service, and if you purchase through an affiliate link, you will generally receive valuable bonuses that you will not otherwise be entitled to receive. Moreover, while many people would like us to endorse or recommend their products, we will never endorse or recommend any product or service we do not believe in, that is not of good quality, or which we do not think can provide benefits for you, regardless of potential compensation. However, if the possibility of us receiving compensation is not agreeable to you, please do not buy through any link on the Sites. Our software, products and services, including those that are available through the Sites may also be offered by or through third party affiliates who are compensated by us, for example if you purchase a product or service from us. While we are responsible for claims we have made regarding our software, products or services, we cannot be held responsible for any claims made by third parties. Moreover, those third parties may promise the inclusion of various bonuses or additional products or services.

 

If those bonuses, products, or services are a part of our offer, we are responsible for delivering or providing them and will do so. If the third party affiliate has offered additional bonuses, products, or services that are not a part of our offer, you should contact them regarding delivery, or support issues for those bonuses, products, or services.

 

We endeavor to be selective in the people or companies we allow to promote our products or services. If you believe that you have been promised bonuses, products, or services from a third party claiming to be our affiliate who does not follow through or deliver the promised bonuses, products, or services, and if you have been unsuccessful in resolving the issue, we would appreciate hearing about it. Problems can arise, and while we cannot take responsibility for such problems, if we see a pattern of problems with an affiliate we will determine if we should allow them to promote our products or services in the future.

 

D.3 User-Driven Marketplaces

 

Genesis Digital has set up different marketplaces for our customers to list, advertise, promote and sell their products and services to other users.

 

Those products and services are not created by, offered by, endorsed by or controlled by us. We are not responsible in any way for the quality, content, nature, applicability, or reliability of them. If you choose to purchase, register, download or to engage with any of those products or services, or with their providers, you should be aware that we do not and cannot guarantee that the information or material provided is accurate, current, or available. You understand that we assume no responsibility or liability for any content, and you agree that we are not responsible whatsoever for any actions you take there, including any purchase or arrangement with the product/service providers.

 

You should always do your own due diligence on any product or service prior to purchasing, to determine if it is right for you, and whether the product/service provider is a reputed user.

 

E. Information You Provide To Us Must Be Truthful

 

When enrolling in, subscribing to, or purchasing any service, option, or product through the Sites, you must provide only true and accurate information, which is current and complete. Your entry of any information is your promise that any name, mailing address, e-mail account, and/or credit card information you provide to us is registered to you and/or your use of such information is with permission. You understand that we can and generally will bar your access to and use of the Sites if we believe that you have provided untrue, inaccurate, not current, or incomplete information. You also promise that if you are ordering or purchasing products or services on behalf of a company or other entity, that you have proper authority to commit that company in such a transaction. If you are using a pseudonym, nickname, assumed name or the like (where permitted), you agree that you will nonetheless provide accurate information to our processing company where required (e.g. your real name in connection with a credit card account) so that you can be billed for one-time or recurring fees.

 

F. Service and/or Product Descriptions

 

Genesis Digital attempts to be as accurate as possible in its descriptions including descriptions of services, options, and products offered or available on the Site(s). We make every reasonable effort to ensure accuracy, however, we cannot guarantee that every product or service description on the Site is 100% accurate, complete, reliable, and/or error-free. We do not assume any responsibility for the accuracy of any descriptions for any product or service sold by third parties using EverWebinar or WebinarJam, nor the accuracy of the description of any third party product or service purchased via Kartra. Except as expressly provided, your sole recourse is from the third party providing the product or service, or from whom you purchased.

 

G. Account sharing, transferring or sub-leasing

 

Genesis Digital does not support account ownership sharing, selling, transferring or subleasing, and shall not be held responsible or accountable for any ownership conflict between two (or more) partners, associates, staff members or managers claiming ownership or control over a WebinarJam, EverWebinar or Kartra account. Genesis Digital will always regard the person originally registering the account as the sole and rightful owner (and manager) of the account.

 

Genesis Digital will only consider an account ownership transfer upon express written consent from both parties involved in the transaction: the current account owner and the designated account recipient. Once the transfer is approved by Genesis Digital, the move will be non-revokable, and the recipient will become the sole and rightful owner thereafter. Moreover, from the date of transfer onwards, the account recipient will become responsible to satisfy payments for any and every recurring invoice issued by Genesis Digital for servicing the account. Finally, Genesis Digital understands that the designated account recipient has read and agreed to these Terms Of Service.

 

H. Additional Terms

 

This Terms of Service agreement is also governed by the provisions below. You should seek to understand these provisions and you must agree and abide by them.

  1. No Warranties are Made

We make no warranties, expressed or implied, regarding the Content on the Sites. No warranties or guarantees are made as to the accuracy, factual basis, timeliness, applicability, or suitability of any information on the Sites for any purpose, including your particular needs. While we have many years of high-level marketing and product development experience that we share, nothing written, discussed, presented, or communicated in any way or form on the Sites is intended as professional advice of any other type and should not be considered or used as such. Consult your attorney, CPA, or other professional for help should you require it. Your use of the Sites is subject to your acceptance of any liability that may result as a consequence of actions you take or fail to take based on the Content provided here.

 

The Sites, and the Content, including any information, data, case studies, and personal experiences shared are all provided on an "AS IS," and "AS AVAILABLE" basis.

 

The Sites, software, products, or services may not always be available to you when you would like access for reasons beyond our control. And from time to time we may suspend and/or deny access to the Sites for updates, maintenance (scheduled or unscheduled), enhancements, upgrades, improvements, or corrections, or to maintain or improve security.

 

In addition, some information and offers provided on the Sites are time-limited and will be removed at our discretion. We also believe some Content has a limited useful life and we reserve the right to take down, remove, or archive Content at our discretion.

 

We also do not make any guarantees that the Sites will be updated, changed, or amended on a particular schedule or with regularity. Despite our desire and sincere efforts to keep the Sites and Content up to date and free of errors, the Content may contain typographical or factual errors or inaccuracies, or become outdated.

 

While the vast majority of our customers are delighted with their purchases, if for some reason you are unhappy with any software, product, or service offered through the Sites, your sole recourse is the stated guarantee for that software, product, or service. For example, you can receive a refund within the refund period where a money-back guarantee is made. Where a satisfaction guarantee, or other written guarantee is expressly offered in connection with a particular product or service, you can hold us to whatever other promises we made in our written guarantee. If there are any stated conditions in the guarantee, you may need to document that you have satisfied the conditions. There are NO other warranties or guarantees made related to the use of the Sites or the Content, or for any products or services offered through the Sites. Any guarantees or warranties that might be implied by law are specifically disclaimed including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

 

While we attempt to be as accurate as possible in the descriptions on the Sites including descriptions of software, products, services, options, and bonuses offered or available on the Sites, we cannot and do not guarantee that every product or service description on the Sites is 100% accurate, complete, reliable, and/or error-free.

  1. Genesis Digital’s Liability is Strictly Limited

You understand and agree that we are not and will not be responsible for any loss or damage that you might incur as a result of using the Sites, or (any software, products, or services offered through the Sites) whether it results from an act or an omission by us or any other party, including another user.

You agree that you cannot and are not entitled to recover, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind even if we knew or were advised of the possibility of such damages. The limitation on liability includes damages from all causes including lost time, damage caused by viruses, spyware, adware, or other malware which may infect a user's equipment, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.

 

In all cases, our total liability shall be limited to liquidated damages of no more than (i) the amount you spent on any product or service offered through the Sites in the last calendar year, or (ii) $50.00, whichever is greater. Moreover, you agree that all claims must be brought within 1 year of the date on which you first knew or should have known of your alleged claim, notwithstanding any state law to the contrary.

  1. Accountability.

You agree to be held accountable for your behavior on the Site.

You agree to only post information or comments on the Sites that you own or have proper rights to publish or post. You may not publish or post and agree not to publish or post any proprietary or confidential information, trade secrets, insider information, or similar information on the Sites, or through the use of the products or services offered through the Sites. If you are not the copyright owner of any image or other information or do not have permission from the copyright owner, you agree not to publish or post that image or information on the Sites and will indemnify us for any harm caused to us by your actions. You agree not to promote any goods or services that infringe another person’s trademarks using the Sites or via the software, products, or services offered through the Sites.

 

To ensure we are not held responsible for your actions, you agree to indemnify and hold harmless Genesis Digital and its subsidiaries, officers, owners, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third-party arising out of and/or relating to your use of the Sites, the products or services, your violation of our Terms of Service, and/or your violation of any rights of a third party.

  1. No Conflict of Interests

If you have a personal or financial interest in any site, product, or service that may influence a comment or post, or that a reasonable person would want to know when reading your comment or post, you agree not comment or post information about that site, product, or service without disclosing your interest. You also agree to never to post under an assumed name or use a false identity on the Site(s) for personal gain, or to avoid disclosing your interest. You agree not to post unfavorable information about any competing business or service without disclosing your business interests. You also will not have another person make such comments or posts for your benefit or gain.

  1. Jurisdiction and Binding Arbitration

These Terms, as well as the Privacy Policy for the Sites shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to conflict of laws principles. You consent to the exclusive jurisdiction and venue in the courts of San Diego County, California, U.S.A. for any and all disputes arising out of or relating to the Privacy Policy, Terms of Service and/or the Sites. These Terms and the Privacy Policy constitute written agreements between you and Genesis Digital, LLC with respect to the Sites, your access, and your conduct. The Terms and our Privacy Policy as published on the Sites supersede any other communications and/or proposals (whether oral, written, or electronic) with respect to the Sites. A printed version of the Terms and Privacy Policy shall be admissible in a judicial or administrative proceeding to the same extent and subject only to the same restrictions, as any other contract, document or record originally in printed form. Any disputes arising under these Terms, Genesis Digital’s Privacy Policy, or from your use of the Site(s) shall be resolved solely by confidential binding arbitration conducted in accordance with the American Arbitration Association commercial arbitration rules. All arbitration shall be held in San Diego, California, USA, unless otherwise agreed in a signed writing. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees, unless the arbitrator(s) agree that the case was without reasonable basis in law or fact, in which case costs and attorney’s fees may be awarded to the prevailing party. All your claims must be arbitrated on an individual complainant basis, and cannot be consolidated in any arbitration with any claim or complaint of any other party or parties, except as agreed upon in a writing signed by Genesis Digital. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable by a Court having authority to opine on the matter, then that provision shall be severable from these Terms and the validity and enforceability of any remaining provisions shall remain unaffected. The provisions of this section survive any termination of the Terms.

 

INTERNATIONAL USE

 

The EverWebinar, WebinarJam, and Kartra Sites are controlled and operated by Genesis Digital, LLC from its headquarters in the San Diego area in California, in the United States of America. Because the Sites are hosted on the worldwide web, access may be available in other countries. We are happy to make the Content, software, products, and/or services available to people in any country where legal to do so. And while we are not currently aware of any country that bans information of this type, nor specifically the information we provide, we make no representation that materials on the Sites are appropriate or legal for use in any locations outside the United States. The laws regarding use of webinars, and the dissemination of privately produced video via the Internet may vary in different countries. If you have access to the Sites from a location outside the United States of America, you and you alone are responsible for compliance with all applicable laws of your jurisdiction. Accessing the Sites from any country where the contents are deemed illegal or where they are contrary to regulations is prohibited and definitely not recommended by us, as we do not fancy prisons, foreign or domestic. If you choose to access the Sites from other locations, you do so on your own initiative and at your own risk. You are responsible for compliance with local laws and/or consequences of violating such laws or regulations.

 

Your continued access or use of the Sites is your acceptance of the foregoing Terms of Service in their entirety.

 

Questions regarding our Terms of Service may be directed to: legal@genesisdigital.co

 

PRIVACY POLICY

 

Genesis Digital values privacy – ours and yours. To help maintain your privacy and the security of your personal information, we communicate this and all of our privacy policies to Genesis Digital employees and agents, and we internally enforce privacy safeguards. Most recently we have implemented our GDPR compliance efforts with respect to our customers in the EU and were fully compliant not later than May 25th 2018, the GDPR implementation date.

 

We’ve developed this Privacy Policy to explain how we collect, use, disclose, transfer, and store information received from you in connection with the Sites. Before disclosing information to us, please familiarize yourself with our privacy practices so you can understand how your information may be used by Genesis Digital. If you are a Controller of personal data under the GDPR and want to understand how Genesis Digital processes data please request a copy of our Data Processing Addendum to our End-User License Agreement.

 

 

Our Collection and Use of Information:

 

Genesis Digital may collect information in a number of ways from users who access our Sites or services. We collect personal and non-personal information in various ways. You may provide your information to us to receive a product, service, or communication from us; we may request your information to better serve you; or we may require your information in order to be able complete a transaction (e.g. a purchase) or provide access (e.g. to a paid service).

 

A. Collection of Personal Information

 

Personal information (or “Personally Identifiable Information” or “PII”) is information and data that can be used to specifically identify or contact a single person.You may be asked to provide your personal information when you contact Genesis Digital for any reason. Genesis Digital may share your personal information internally. If we do, we will use it in accordance with this Privacy Policy. We may also combine personal information with other information to help us to develop or improve our products, services, content, communications, and/or advertising, or to provide improved user experiences for you.

Personal information we collect

Examples of some types of personal information Genesis Digital may collect in connection with the Sites and how we may use it include the following: 

  • When you purchase, register, or login to use software, products, or services, request support, download a software update, register for a webinar, live workshop, or training, provide feedback on a software product, or participate in a promotion, contest or online survey, or respond to an advertisement, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and/or social media credentials. Genesis Digital does not directly collect credit card numbers in connection with the EverWebinar, WebinarJam, or on the websites provided in connection therewith. Payments for those products/services are made through other means or sites and thus we do not collect or store credit card numbers in connection with any of those products/services that this Policy applies to. We may collect credit card information in connection with your use of KARTRA shopping cart services.
  • If you use the EverWebinar or WebinarJam family of software/services, or the KARTRA shopping cart, we may collect information required to provide the services in connection with such service including PII such as your name, email address, IP address and current location. We may also collect certain personally identifying financial information (“PIFI”) in connection with the KARTRA shopping cart. Such PIFI may include your credit card number (or a portion thereof), the expiration date for the credit card, bank information such as your bank’s name, routing number, and/or your account information. This information in some cases may only be stored temporarily, or transiently, e.g. during a particular secure session between your computer and a Genesis Digital server.
  • We may also ask for certain information only in circumstances where required by law. For example, if you are using the KARTRA shopping cart, where we are required when setting up certain financial accounts to obtain e.g. your Social Security number (SSN), then we will ask for it. As above, such information may only be stored transiently, during a secure session.

How we use your personal information

  • Optional Communications: The personal information we collect allows us to provide you with Genesis Digital’s latest product announcements, helpful tips and information, special offers, software updates, and upcoming events. If you don’t want to receive these communications, or do not wish to be on our mailing list, you can opt out of receiving them. Each communication will provide opt-out directions, and you can also generally opt-out via your account dashboard if you are a registered user, client, or customer. The information in connection with these optional communications and your responses help us to improve our products, services, content, and advertising.
  • We also use personal information to help us develop, deliver, improve, and customize our software, products, services, content, and advertising and to provide a better user experience for every user of our software, products, and services.
  • Important Communications: We may use your personal information to send important communications, e.g., about your purchases of or access to software, products, or services, material changes to our EULA, terms, conditions, and policies (including this Privacy Policy), critical updates to software products, or services, or changes (including regulatory changes) that impact your use of Genesis Digital software, products, or services. Because this information is vital to your interaction with Genesis Digital, you may NOT opt out of receiving these communications if you wish to continue to use the Sites, or any software, products, or services offered in connection with the Sites.
  • We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Genesis Digital’s software, products, services, communications, support and/or help functions, and user interfaces.
  • If you enter into a promotion such as a contest, a giveaway, a one-time or special offer, or similar promotion, we may use the information you provide to administer those programs.
  • If we become involved in a legal process as a result of your actions on the Sites, or in connection with any software, products, or services offered via the Sites, we may be required to disclose your PII or PIFI to a government authority, or a third party who e.g., issues a subpoena that require us to provide it. Our response(s) to any such legal process will be handled on a case-by-case basis following the advice of our attorneys.

GDPR Perspective

 

CONSENT: Genesis Digital will continue to respect and value privacy in the age of GDPR regulations. To the extent commercially practicable, and in accordance with legal or regulatory requirements we obtain your clear, informed consent before collecting your personal data. We will also always work to balance obtaining clear consent with providing useful and powerful platforms and convenient and graceful user interfaces.

 

 

B. Collection of Non-Personal Information

 

Information of a type or in a form that does not permit direct identification of or association with any specific individual is ‘non-personal information.’ Combinations of personal and non-personal information are considered personal information if the combined information can be used to identify or contact any specific individual(s). Aggregated data is considered non-personal information for the purposes of this Privacy Policy as long as it cannot be used to identify or contact any specific individual. Internet Protocol (IP) addresses and certain other identifiers may be considered personal information under various local laws; we endeavor to comply with the laws and regulations that are applicable to us.

 

How we collect and use your non-personal information

 

We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

  • We may collect non-personal information (e.g. demographic information) regarding our customers collectively including information such as age, gender, occupation, preferred language, zip code, area code, geographic location, or the time zone from which customers access the Sites, products, or services. Such non-personal information is used so that we can better understand who our customers are, and their behavior generally with regards the Sites, and to improve our software, products, services, communications, support, help, user experiences, and advertising for our customers.
  • We also may collect non-personal information regarding customer activities on the Sites or use of the Genesis Digital software, products, and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of the Sites, or our software, products, and services are of most interest or which can be improved. Non-personal support or help request data may be used to improve our software or the Sites, communications, and user interfaces, or to allow us to provide additional product or service offerings to our present or future customers.
  • We may collect non-personal information regarding the digital footprints of our customers with respect to accessing the Sites, or any related software, products, or services including mobile and non-mobile access, specific types of devices being used, unique device IDs, type of browser(s) being used, networks that our customers use, and other non-personal information. This information may be used to improve the Sites, software, products, or services including but not limited to their performance, functionality, design, or responsiveness.

 

C. Cookies and Other Technologies

 

To help Genesis Digital serve you better, we use technological means to better understand and adapt to user behavior. To accomplish this, the Sites, as well as our online software and services, email messages, and advertisements may use cookies or related technology such as pixel tags, clear gifs, and web beacons. These technologies help us to know which parts of the Sites people have visited, and provide data to aid us in understanding the effectiveness of the software services, our advertisements, and web searches. These data are used to improve our software, products, services, communications, and advertisements. We generally consider such information collected through the use of cookies and other technologies as non-personal information, and treat it accordingly.

 

We also use cookies and other technologies to remember personal information when you use the Sites, software, products, or services. These uses are intended to improve your personal experience. For example, we can provide better and more personal results if we ‘remember’ your preferred settings, your name, and such.

 

Genesis Digital may use cookies or other technologies in connection with certain advertising services to determine your experience with our content including whether an ad is likely to be of interest to you, whether or not you are served a particular ad, and the number of times you are served a particular ad. These technologies allow us to measure the effectiveness of our ad campaigns. You may have options for opting out of such targeted ads. You should contact your service provider or your mobile provider to inquire about how to do so.

 

Genesis Digital also uses specific technologies in connection with certain communications such as emails that may be used to track actions by recipients. For example, these communications may include one or more clickable text or graphics that include URLs that link to content on the Sites. However, these URLs, may pass through a web server that tracks the click before arriving at the linked content on the Sites. The tracked data can help Genesis Digital determine the effectiveness of our communications to users and customers, or to gage interest in specific topics. If you prefer not to have your responses to such communications tracked in this manner, do not click links in the email messages. Such communications may also include pixel tags that can tell us whether e.g. an email has been opened. We may use this information to throttle the number of messages sent to users or customers, or to remove people who do not read or interact with our communications from one or more lists.

 

We also use cookies to track certain behaviors of unknown visitors on our site. E.g. if you visit our site by following a link in an email from a third party or in an advertisement from such a party, we may track that behavior. In such cases, we may not have any personally identifying information about you at that time; however, if you later sign up for a product or service, or make a purchase, we may be able to associate your past behaviors on our sites with you thereafter.

 

Cookies and other technologies can generally be controlled on your devices. If you want to disable cookies and you should review your privacy or security settings. Please note that certain features of the Sites or related software, products, or services may not be available if you have cookies disabled on your device. We will typically try to warn you that a page or feature you are trying to reach will not function without cookies enabled. If you have your cookies on your device or browser disabled and are having difficulties you may wish to enable them to see if the problem is resolved.

 

D. Log Files

 

As part of standard protocols, Genesis Digital’s servers automatically gather certain information and store it in log files. This information may include date/time stamp of access, Internet Protocol (IP) address(es), device type, operating system, browser and version, language, log-in details, Internet Service Provider (ISP), referring page, exit page, and other data.

 

These log files are useful for a number of purposes including helping Genesis Digital to maintain security, measure relative usage, understand and analyze trends regarding users, server access, load, or server problems, more effectively and efficiently administer the Sites, as well as related software, products, services, or communications, and gather non-personal demographic information about our users. Consistent with the provisions of this Privacy Policy, Genesis Digital may use the data in its Log Files in a variety ways useful to its business or to provide better experiences for its users and customers.

 

E. Social Media

 

Genesis Digital may collect certain information from you if you interact with us via social media such as Facebook, Twitter, LinkedIn, Google+, Pinterest, Snapchat, Instagram, and other such services. For example, you may be given the option to register for webinars, take advantage of special offers, receive mailings, newsletters or the like, via your social media account. The information we receive or collect from such social media, and our ability to collect it, may depend on the social media site, its policies, and its requirements or its technology. We may collect the information you provide from these social media interactions and may use it for various purposes to improve our services or your experience, or to contact you regarding the reason you connected with us or with additional offers in the future. Of course, you have the opportunity to opt-out at any time provided we do not require a means of contacting you to fulfill your request.

 

F. Children

 

Protecting children's privacy is important to Genesis Digital. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws. Therefore we restrict our website use to persons eighteen years or older. Therefore, we do not knowingly collect personal information from children under 18. If we learn that Genesis Digital has inadvertently collected or received the personal information of a child under 18 we will take steps to delete the information.

 

[PLEASE NOTE: You must be 18 or older to use the Sites, and to purchase the software, products, or services offered via the Sites without an adult (parent or guardian).]

 

DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE, NO INFORMATION OBTAINED VIA THIS WEBSITE FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IT IS NOT MONITORED AS DOING SO.

 

Notwithstanding the foregoing, if we discover or form a reasonable belief that we have received any information from a child under 18 in violation of this policy, we will delete that information. If you believe Genesis Digital has any information from a child under age 18, please contact us at the following address:

 

Disclosure to Third Parties

 

At times Genesis Digital may make certain personal information available to strategic partners that work with us to provide software, products and services, or that help us service our customers. Personal information will only be shared by Genesis Digital to provide or improve the Sites, and our software, products, services, and advertising.

 

A. Service Providers

 

To provide its various products or services, Genesis Digital works with third party providers, who may be located wherever Genesis Digital operates, or in any other location. Such companies provide services to Genesis Digital. Examples may include information processing, emailing services, server hosting, transaction processing and banking services, video hosting, product/service delivery, communications, managing and enhancing customer data, providing technical support and/or customer service, and conducting customer research or satisfaction surveys. At any given time, Genesis Digital may work with one or more such provider. We will only provide personal information to these companies where required for them to provide their services, or to improve our products or services for our customers. These companies are contractually obligated to protect your information.

 

B. Others

 

Genesis Digital will not share PII with third parties for their marketing purposes. In some cases, Genesis Digital may be required by legal process to disclose your personal information. Such disclosure may be compelled by applicable law, regulation, judicial order, and/or lawful requests from local authorities. Genesis Digital may also disclose information about you if we determine, in our sole discretion, that disclosure is necessary or appropriate to ensure the safety of any individual(s), or for purposes of national security, law enforcement, or other issues of public importance.

 

If the Sites and/or software, products, or services, or Genesis Digital LLC becomes the subject of a reorganization under the bankruptcy law, a merger, a sale, or other change in control, any and all personal information in Genesis Digital’s control will be transferred to the trustee, debtor in possession, successor, acquirer, or such other third party as will control Genesis Digital, the Sites, and/or software, products, or services thereafter.

 

We reserve the right to disclose personal information if we reasonably believe that disclosure is necessary to protect our users, customers, or the public, prevent fraud or financial wrongdoing, or in any action to enforce our End User License Agreement, Terms and Conditions, or other policies regarding Genesis Digital.

 

GDPR Perspective

 

DISCLOSURE and USE: Genesis Digital will let users know to whom we are disclosing personal information, and how it is being used. Of course, you should already know that we only use personal information to provide the services that you want. We are in the business of providing industry-leading software platforms and will continue to do just that.

 

Personal Information Protection

 

Genesis Digital uses commercially reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. We restrict access of personal information to our employees, contractors, and/or agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. Genesis Digital and its third party providers use Secure Sockets Layer (SSL) encryption on all web pages where personal information, including financial information is transmitted.

 

You are solely responsible for any personal information you choose to submit on non-secure sites including but not limited any discussion forums or public comment threads on the Sites, or any social media sites, groups, or threads related to the Sites or the related software, products, or services.

 

Access to Your Personal Information

 

Genesis Digital software customers should periodically log in to review your name, contact information and other readily available personal information, and to ensure they are accurate, complete, and up to date. You can make changes to your information. Changes to your personal details and particulars should be made through the software. KARTRA users should verify that their financial information in their account is accurate, complete, and up to date, particular checking the accuracy of any changes you make.

 

You can request access to any personal information we have for you. We will make a good faith effort to provide you with access to reasonably accessible information. You can request that we correct the data if it is inaccurate or delete your personal data. Genesis Digital will comply with such requests if they are reasonable and we will delete your data if Genesis Digital is not required to retain it by law, and does not require it for legitimate business purposes. We may reserve the right to refuse deletion requests that we believe require undue time, or technical effort, or where not provided by local law. We also reserve the right to deny or delay requests where the personal information is scheduled to be deleted as part of any upcoming purge of data that is not being retained. Requests for access, correction, or deletion can be submitted to legal@genesisdigital.co

 

GDPR Perspective

 

The RIGHT to KNOW and the RIGHT to BE FORGOTTEN: The GDPR gives you these rights and Genesis Digital has worked to provide state of the art tools to enable every user to know what we know, and to ask us to ‘forget’ them. Of course, we think it would be foolish since you would no longer be able to use our amazing software platforms, but the GDPR gives you that right as well.

 

Links to Third-Party Sites

 

The Sites, software, products, services, and communications may contain links to third-party websites, products, or services. Information collected by third parties is governed by their privacy practices, not this Privacy Policy. Please be aware when you leave the Sites and understand that you are subject to a third party’s privacy policy except when you are on the Sites, or using Genesis Digital’s related software, products, or services.

 

EUROPEAN UNION Users: The GDPR

 

On or before May 25th, 2018 Genesis Digital will be a fully compliant Processor of Personal Data under the GDPR. If you have any questions about your ability to use our software platforms in the EU or with regard to your EU customer’s data, feel free to contact our Data Protection Officer, Richelo Killian [richelo@genesisdigital.co] to discuss, or request a copy of our Data Processing Addendum to our EULA.

You can also see our general statements regarding the GDPR and our compliance here:

 

Changes to this Privacy Policy and Privacy Questions

 

If you have any questions or concerns about this Privacy Policy please email us at legal@genesisdigital.co

This Privacy Policy is subject to change from time to time at Genesis Digital’s sole discretion. Please check this page periodically for changes. Any such changes to the Privacy Policy will be available on this page. If the policy has been changed in a material way, a notice will be posted on our website along with a link to the updated Privacy Policy. Your continued use of our site following the posting of changes to these terms will mean you accept the changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

We will also archive prior versions of this Privacy Policy and make those versions available for your review.

 

Notice of Compliance to California Residents

 

Your California Privacy Rights Under The California Online Privacy Protection Act and the California Business and Professions Code

 

This privacy policy identifies the categories of personally identifiable information that our company collects through our website or online services about individual consumers who use or visit Genesis Digital's commercial websites or online services in connection with EverWebinar, and WebinarJam (including but not limited to everwebinar.com and webinarjam.com) (collectively “the Sites”) and the categories of third-party persons or entities with whom our company may share that personally identifiable information.

 

Genesis Digital does not maintain an online process for an individual consumer who uses or visits our commercial website or online service to review and request changes to any of his or her personally identifiable information that is collected through our website or online service.

 

See the section above titled "Changes To This Privacy Policy" for a description of the process by which our company notifies consumers who use or visit our commercial website or online service of material changes to our company's privacy policy for this website or online service.

 

The effective date of this Privacy Policy is listed at the end of this privacy policy under the heading, "Last Updated."

 

For the purposes of this policy and California compliance the following definitions apply:

 

Depending on your activity on our website or online service, the following "personally identifiable information" may be collected, in addition to what is in prior sections of this document.

 

The term "personally identifiable information" means individually identifiable information about an individual consumer collected online via the Sites from an individual and maintained by us in an accessible form and may include any of the following:

  1. A first and last name;
  2. A home or other physical address, including street name and name of a city or town;
  3. An e-mail address;
  4. A telephone number;
  5. Any other identifier that permits the physical or online contacting of a specific individual; and
  6. Information concerning a user that the Sites collect online, from the user, and which is maintained in personally identifiable form, in combination with an identifier described within this Privacy Policy.

Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to legal@genesisdigital.co and please include the phrase "California Privacy Request" in the subject line, the domain name of the website you are inquiring about, along with your name, address and e-mail address. We will respond to you within thirty (30) days of receiving such a request.

 

"Cookies" and How We Use Them

 

A "cookie" is a small data file that can be placed on your hard drive when you visit certain websites. The Sites may use cookies to collect, store, and sometimes track information for purposes stated earlier as well as for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. We may also use cookies for purposes of personalizing your experience on the Sites, or for providing online behavioral advertising such a retargeting or remarketing. These uses provide you with additional opportunities to take advantage of our services or products, and provide us with additional opportunities to reach you with personalized offers more tailored to your interests. Advertisers and partners may also use their own cookies (e.g. on their own sites). Genesis Digital does not control any third party’s use of such cookies and we expressly disclaim responsibility for information collected by or through them.

 

Public Areas & Social Media: Any information you disclose in any public areas of our website or the Internet, including via social media becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.


This Privacy Policy does not create any contractual or other legal rights in or on behalf of Genesis Digital or any other party and is not intended to create any such rights.

 

Questions about this Privacy Policy may be directed to us in writing at:

 

LAST UPDATED: March 1, 2019