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Gentv.com  

TERMS AND CONDITIONS OF USE

 

Effective Date: June 10, 2023

 

This website is owned and operated by Gentv.com (“GENTV.COM,” “we,” “our,” or “us”). These  

Terms of Use apply to any GENTV.COM website (“Site”) or application (as well as any features,  

widgets, plug-ins, content, downloads or other services) that posts a link to this page (collectively, the  

“Services”). By accessing the Services, you (“you” or “your”) acknowledge and consent to (i) these  

Terms of Use (“Terms”), (ii) our collection, use and sharing of your information as described in  

our Privacy Policy, https://www.gentv.com/privacy and (iii) any other legal notices, conditions or  

guidelines located within the Site or Services. If you do not agree to these Terms, our Privacy Policy, or  

any other legal notices, conditions or guidelines location within the Services, please exit our Services. If  

you have any questions regarding our policies or your use of our Services, please contact us by e-mail  

at support@gentv.com.

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR SERVICES. THEY  

APPLY TO ALL USERS OF THE SITE, REGARDLESS OF WHETHER THEY CREATE AN  

ACCOUNT.

 

Changing Your Information

 

You are responsible for ensuring that information you provide in connection with any account you create  

on the Site or Services is accurate and up to date. You may change or edit your information on our  

Services by logging into your registered account.

 

Provision of Services  

You agree and acknowledge that GENTV.COM is entitled to modify, improve or discontinue any of its  

services at its discretion and without notice to you even if it may result in you being prevented from  

accessing any information contained in it. Furthermore, you agree and acknowledge that we are entitled to  

provide services to you through subsidiaries, affiliated entities, or third-party service providers.

 

Ownership of Site Content  

Unless otherwise noted, all photographs, pictures, graphics, and all other images, including digital,  

printed and video images, and portions thereof, and all content, data, information, news, and all other text  

and materials, including digital, printed and audio materials, along with the layout and design of the Site  

or Services and all documentation, data, services, features, products and other content at the Site or  

Services(collectively, “Site Content”) are protected by the copyright laws of the United States and other  

jurisdictions. All Site Content is owned by, or licensed to, GENTV.COM. Site Content may not be  

reproduced, modified, redistributed or otherwise used in any way without a written license with the  

applicable Site Content owner.

 

Use of Site Content

 

Subject to and conditioned on your continued compliance with these Terms and all other terms and  

conditions that we may provide to you from time to time, GENTV.COM grants you a personal, limited,  

non-exclusive, non-assignable, non-transferable, non-sublicenseable, revocable license to access and  

display on your personal computer or mobile device for your own use, but not copy or transfer or  

broadcast or otherwise use in any way, the Site Content found at this Site for your personal, non-  

commercial and educational use only. You further agree not to change or delete any proprietary notices  

from materials downloaded from the Site.

 

Reservation of Rights  

All rights not expressly granted by GENTV.COM herein are reserved. Nothing on the Site or Services or  

in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any  

Site Content or other materials of any third party, or may be construed to mean that GENTV.COM has the  

authority to grant any license on behalf of any third party.  

GENTV.COM Trademarks  

GENTV.COM trademarks, including the trademarks “Gentv.com,” “Gentv.com” our logo, all page  

headers, graphics, images, symbols, trade names and other GENTV.COM marks found at the Site are the  

proprietary property of GENTV.COM (collectively the “Marks”). Use of the Marks is strictly prohibited  

without the prior written consent of GENTV.COM.  

Third Party Trademarks

 

The trademarks of third parties may also appear on the Site or Services from time to time; you may not  

use these trademarks without prior written permission of their respective owners. You acknowledge and  

agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license  

to use any of the these trademarks, nor may anything be construed to mean that GENTV.COM has  

authority to grant any right or license on behalf of any third-party trademark owner.  

Restrictions, Limitations and Conditions of Use

 

Any unauthorized use of our Site, Services or Site Content for any purpose is prohibited. Your rights to  

this Site and Services are given on the condition that you use them in accordance with these Terms. You  

may not use the Services for any unlawful purpose and you may not, unless otherwise agreed by us:  

  • access, solicit, collect or use any personally identifying information about any other users of  

the Services or anyone else, except as expressly permitted under these Terms or any other  

agreement you or your organization may have with us;  

  • restrict or inhibit others from using the Services;  

transmit to or introduce at the Site or Services any viruses, harmful software, or other  

modifications or changes to the Site or reverse engineer, decompile, disassemble, reverse  

assemble or modify any Site or Services source or object code or any software or other  

services or processes accessible through any portion of the Site or Site Content (to the extent  

such restriction is permitted under applicable law);  

  • submit, upload, email or otherwise transmit any content or other materials, to or through the  

Services that: a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise  

objectionable, or which may harm minors; (b) infringes or violates the rights of others; or (c)  

has an advertising, political marketing, promotional or other commercial purpose;  

 

  • engage in any activities that interfere with another user’s access to the Services or the proper  

operation of the Site or Services; or  

 

  • distribute or copy any Site Content manually or by using any robot, scraper, crawler, or any  

other automatic device or process; frame or utilize framing techniques to enclose any Site  

Content; or use content from our Site or Services in a manner that suggests an unauthorized  

association with any of our or our licensor’s products, services or brands.  

GENTV.COM has no obligation to monitor your interaction with the Services, but reserves the right to  

review or monitor them, if permitted, in its sole discretion.  

User Accounts

Some of the features on the Service may require or permit you to register for an account through an online  

registration process. When you register for an account, you will select login credentials and you agree  

that: You will not use a username (or e-mail address) used by someone else that impersonates another  

person, belongs to another person, violates the intellectual property or other right of any person or entity  

or that is offensive. You will provide true, accurate, current and complete registration information about  

your company or organization during any registration process and will update it as needed to keep it  

accurate. You will immediately notify us of any unauthorized use of your account, password or username,  

or any other breach of security; and you will not sell, transfer, or assign your account or any account  

rights. You are solely responsible for all activities that occur under your account, password and username  

whether or not you authorize the activity. You are solely responsible for maintaining the confidentiality of  

your password. We will not be liable for any loss or damage (of any kind and under any legal theory) to  

your employer or any third party arising from your inability or failure for any reason to comply with any  

of the foregoing obligations in this section. If any information that you provide, or if we have reasonable  

grounds to suspect that any information that you provide, is false, inaccurate, outdated or incomplete, or  

violates these Terms, or any applicable law, we may suspend or terminate your account. We also reserve  

the more general and broad right to terminate your account, or suspend or otherwise deny you access to it,  

or its benefits all in our sole discretion, for any reason, and without advance notice or liability.  

Links to Other Sites  

In using the Site or Services, you may find that GENTV.COM provides hyperlinks to one or more third-  

party websites (the “Linked Sites”). GENTV.COM provides these links as a convenience for you and  

other users, but is not responsible for the content of, or links to and from, the Linked Sites. Your linking  

to these Linked Sites is at your own risk. We encourage you to read the terms and conditions and privacy  

policies of the respective Linked Sites, should you choose to visit them since your use of those Linked  

Sites will be subject to their terms of use and privacy policies. A link from the Site or Services does not  

imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or  

business practices by us.

 

Contest, Sweepstakes and Other Promotions

 

From time to time, GENTV.COM may conduct promotions on or through the Services, including without  

limitation, contests, rewards, sweepstakes and other promotions (“Promotions”). Each Promotion may  

have jurisdictional limitations, additional terms and/or rules of participations (“Promotion Rules”),  

which will be posted on the Services or otherwise made available to you. The Promotion Rules for each  

Promotion in which you participate are deemed incorporated into and form a part of these Terms. It is  

your responsibility to read the Promotion Rules to determine whether or not your participation,  

registration or entry will be valid or restricted, and to determine your participation requirements.  

Disclaimer, Limitation of Liability, and Indemnification  

The materials, Site Content and services offered on the Site and through the Services are provided  

“AS IS” and without warranties or conditions of any kind. To the fullest extent permissible  

pursuant to applicable law, we disclaim all warranties, conditions and other terms, express,  

implied, statutory or otherwise, including, but not limited to, implied warranties of non-  

infringement, merchantability and fitness for a particular purpose. We do not warrant that the use  

of the Site or Services will be uninterrupted or error-free, that defects will be corrected, or that the  

Site, Services or the server(s) that make it available or any advertised or hyperlinked site are free of  

viruses or other harmful components or that the Site, Services, server(s), or advertised or Linked  

Sites will be accessible at all times. We do not warrant or make any representations, conditions or  

other terms regarding the use of the Site or Services or any information contained therein,  

including Site Content, with respect to correctness, accuracy, reliability, graphics, links or  

otherwise. You assume the entire cost of all necessary servicing, repair or correction to any  

equipment you use to access the Site. To the extent that applicable law may not allow the exclusion  

of implied warranties or conditions, the above exclusions may not apply to you.

 

In the event that a court finds the above disclaimer of direct damages to be unenforceable, in no  

event will GENTV.COM’s total aggregate liability for all damages, including without limitation all  

claims, losses, liabilities, costs and expenses (including legal fees and expenses) to you related to the  

Site, Services, or Site Content, or these Terms, exceed the lesser of (a) the direct damages suffered  

by you, and (b) $50.

 

Documents, information, graphics and other materials appearing on the Site or Services may include  

technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of such  

documents, information, graphics or other materials is at your own risk.  

You waive any and all claims and rights against us and our affiliates, parents, and successors and  

each of our employees, assignees, officers, agents and directors (the “GENTV.COM Parties”)  

resulting from injury or damage to, or destruction, theft, or loss of, any property, or person, to the  

maximum extent permitted by the applicable laws of your jurisdiction of residence. None of the  

GENTV.COM Parties will be liable to you under any cause of action, for any direct, indirect,  

special, incidental, consequential, reliance or punitive damages, including loss of profits or business  

interruption. You hereby agree to indemnify the GENTV.COM Parties from and against any and  

all claims, liabilities, and expenses (including reasonable attorneys’ fees), resulting from your use of  

the Site, Services or any breach of these Terms by you.

 

If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive  

as is permitted by the laws of your state or country of residence. Certain jurisdictions have  

heightened consumer protection laws that may make certain portions of these Terms inapplicable  

to you. For example, if you are a New Jersey consumer, certain provisions do not limit or waive  

your rights as a consumer under New Jersey law. The provisions in these Terms are intended to be  

only as broad and inclusive as is permitted by the laws of your jurisdiction. No provision of these  

Terms shall limit or waive your rights as a consumer under the law of your state or country of  

residence. In any event, GENTV.COM reserves all rights, defenses and permissible limitations  

under the law of your state or country of residence.  

Ability to Accept Terms  

You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter  

into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these  

Terms, and to abide by and comply with these Terms. The Site is not intended for children under the age  

of eighteen (18). If you are under 18 years of age, then please exit now and do not use this Site or  

Services.

 

Geographic Limitations  

GENTV.COM controls and operates the Site and Services in the United States. If you use our Site from  

other locations, you are doing so on your own initiative and are responsible for compliance with  

applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws  

apply. The Services may describe products and services that are available only in certain jurisdictions (or  

only parts of them). We reserve the right to limit the availability of our Site, Services and/or the provision  

of any Site Content, program, product, service, or other feature described or available on our Site or  

Services to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and  

to limit the quantities of any Site Content, program, product, service, or other feature that we provide.  

Further information on your rights regarding personal information collected on the Site are set forth in  

our Privacy Policy. https://www.Gentv.com/footer/privacyPolicy  

Choice of Law and Forum  

These Terms will be governed by and construed in accordance with the laws of the State of California,  

without giving effect to any principles of conflicts of law. Subject to the dispute resolution and arbitration  

provisions set forth below, you hereby consent and submit to the person jurisdiction of the state and  

federal courts located in California. If any provision of these terms shall be unlawful, void or for any  

reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect  

the validity and enforceability of any remaining provisions. Any waiver of any provision of these Terms  

must be in writing signed by an authorized representative of GENTV.COM to be valid. A waiver of any  

provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the  

same provision in the future.  

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO  

LIMIT YOUR RIGHTS UNDER THE CONSUMER PROTECTION LAWS OF YOUR STATE OR  

JURISDICTION OF RESIDENCE.  

Dispute Resolution; Information Resolution and Formal Resolution by Arbitration / Class Action  

Waiver  

In order to expedite and control the cost of disputes, you and GENTV.COM agree that any legal or  

equitable claim relating to the use of this Site or interaction with the Services (referred to as a “Claim”)  

will be resolved as follows:  

1. Informal Resolution:  

You and GENTV.COM will first attempt to resolve any Claim informally. In the event that any dispute  

between us and you arises out of or relates to: (i) these Terms; (ii) the Site or Services; or (iii) the  

purchase of any products from this Site, you and we agree to try to promptly resolve any such dispute  

informally. Please send a written notice describing the dispute to legal@Gentv.com.

 

1. Formal Resolution by Arbitration / Class Action Waiver.  

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR  

RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any  

dispute, controversy or Claim arising out of or relating to these Terms, your use of the Site or Services, or  

the purchase of any products from this Site or Services, or the determination of the scope or applicability  

of arbitration shall be governed as set forth below.

 

If you and GENTV.COM cannot resolve a Claim informally, any Claim asserted by either party will be  

resolved only by binding arbitration (“Arbitration”). By agreeing to Arbitration, both you and  

GENTV.COM understand and agree that all processes, such as a court action or administrative  

proceeding, to settle disputes shall be decided by a single arbitrator and that you are waiving your rights  

to maintain other available resolution processes, such as a court action or administrative proceeding, to  

settle disputes. Instead of suing in court, both you and GENTV.COM each agree to settle disputes (except  

certain small claims as set forth below) only by Arbitration.

 

ARBITRATION MEANS THAT YOU WAVE YOUR RIGHT TO A JURY TRIAL.

 

The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can  

award the same damages and relief, and must honor the same limitations stated in these Terms as a court  

would. The Arbitration will be conduction under the American Arbitration Association Consumer  

Arbitration Rules (referred to as the “AAA Rules”) and under the rules set forth in these Terms. If there is  

a conflict between AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms  

will govern. You may, in Arbitration seek any and all remedies otherwise available to you pursuant to the  

law of the governing jurisdiction. If you decide to initiate Arbitration, GENTV.COM agrees to pay the  

Arbitration initiation fee and any additional required deposit required by AAA to initiate your Arbitration.  

You and GENTV.COM agree to pay the costs of the Arbitration proceedings provided however that if  

you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the  

AAA Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the  

Arbitration, will be paid in accordance with AAA Rules. The arbitration will be held at a location in your  

home town area if possible, unless you and GENTV.COM both agree to another location or telephonic  

Arbitration. To initiate Arbitration, you or GENTV.COM. must do the following things:  

 

1. Write a demand for Arbitration. The demand must include a description of the Claim and the  

amount of damages sought to be recovered. You can file a Demand for Arbitration at  

https://www.adr.org/.  

 

2.  Send one copy of the Demand for Arbitration to the other party.  

 

Special rules in the Arbitration Proceeding.

 

1. Except for errors of law, the arbitrator’s decision is final and binding on all parties  

and may be enforced in any court that has jurisdiction.  

 

2. Neither you nor GENTV.COM shall be entitled to join or consolidate claims in  

Arbitration by or against other individuals or entities, or arbitrate any claim as a  

representative member of a class or in a private attorney general capacity.

 

THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY  

CLASS OR CONSOLIDATED ACTION WHATSOEVER.  

Accordingly, you and GENTV.COM agree that the AAA Class Action Rules do not apply to our  

Arbitration. A court may sever any portion of this dispute resolution provision if it finds such  

unenforceable, except for the prohibition on class, representative and private attorney general arbitrations.  

Notwithstanding the obligation to arbitrate all Claims under these Terms, you may assert an individual  

Claim in small claims court in lieu of Arbitration.

 

Limited Time to File Claims  

You agree that you will assert any Claim arising out of your use of any GENTV.COM Site or Services or  

the purchase of any product from this Site or Services within one (1) year after the Claim arises, or such  

claim will be barred.

 

Severability and Enforceability  

If any provision or portion of these Terms is held to be illegal, invalid, or unenforceable, in whole or in  

part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a  

provision which is as close as is legally permissible to the provision found invalid or unenforceable and  

shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms.  

Termination/Exclusion  

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges  

associated with accessing the Site or Services for any reason or for no reason whatsoever, including  

improper use of the Site or Services or failure to comply with these Terms, and to take any other action  

we deem appropriate.

User Suggestions

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other  

information provided by you to GENTV.COM through the Site or Services are not confidential and you  

grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your  

submissions. Steward shall be entitled to the unrestricted use and dissemination of these submissions for  

any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

 

Terms Applicable if Accessing Services through an Android Device  

If you are accessing or using the Site or Services through an Android device, you acknowledge that  

Google Inc.’s Terms of Service (see: https://www.google.com/intl/en/policies/terms/) are incorporated  

herein by reference, and you agree to be bound thereto.

 

Terms Applicable if Accessing Services through Apple iOS  

If you are accessing or using the Site or Services through an Apple device, the following applicable  

additional terms and conditions are applicable to you and are incorporated into the Terms by reference:  

 

(i)  To the extent that you are accessing the Site or Services through an Apple device, you  

acknowledge that these Terms are entered into between you and GENTV.COM, that Apple, Inc.  

(“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.  

 

ii) The license granted to you under these Terms is subject to the permitted Usage Rules set forth in  

the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-  

party terms of agreement applicable to the Service.

 

(iii) You acknowledge that GENTV.COM, and not Apple, is responsible for providing the Site and  

Services and Site Content thereof. 

(iv)  You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any  

support services to you with respect to the Site or Services.

 

(v) To the maximum extent permitted by applicable law, Apple will have no other warranty  

obligation whatsoever with respect to the Site or Services.

 

(vi) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you  

acknowledge that, solely as between Apple and GENTV.COM, GENTV.COM and not Apple is  

responsible for addressing any claims you may have relating to the Site or Services, or your possession  

and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Site or  

Services fail to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under  

consumer protection or similar legislation.

(vii)  Further, you agree that if the Site or Services infringes on a third-party's intellectual property  

rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any  

such intellectual property infringement claims.

 

(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of  

these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be  

deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary  

thereof.

 

(ix)  When using the Site or Services, you agree to comply with any and all third-party terms that are  

applicable to any platform, website, technology or service that interacts with them.

 

Changes to Terms  

We may revise these Terms at any time, with or without notice, by updating this page or notifying you of  

the changes, and such revisions will be effective upon posting to this page. Please check these Terms  

periodically for any changes. Your continued use of the Site or Services following the posting of any  

revisions to these Terms will mean you accept those changes. We reserve the right to alter, suspend or  

discontinue any aspect of the Site or Services, including your access to it. Unless explicitly stated, any  

new features will be subject to these Terms.

 

General  

GENTV.COM’s failure to insist upon or enforce strict performance of any provision of these Terms shall  

not be construed as a waiver of any provision or right. Neither the course of conduct between the parties  

nor trade practice shall act to modify any of these Terms.  

We may assign, novate or subcontract any or all of our rights and obligations under these Terms at any  

time.

 

If you have any questions or comments on the Site or Services or become aware of misuse of them by any  

person, please contact us at: support@Gentv.com.

 

Exclusions and Limitations; Consumer Protection Notice

 

If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is  

permitted by the laws of your jurisdiction of residence. If you are a New Jersey consumer, the terms of  

Sections entitled Disclaimer, Limitation of Liability, Indemnification; Unauthorized Dealers and  

Resellers; Links to Other Sites; Choice of Law and Forum; Limited Time to File Claims;  

Severability and Enforceability; and Geographic Limitations do not limit or waive your rights as a  

consumer under New Jersey law and the provisions in these Terms as applied to you are intended to be  

only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event,  

GENTV.COM reserves all rights, defenses and permissible limitations under the law of your state of  

residence. Notwithstanding the foregoing, nothing in this Section shall modify the subsection: “Formal  

Resolution by Arbitration / Class Action Waiver” of the Section titled “Dispute Resolution; Information  

Resolution and Formal Resolution by Arbitration / Class Action Waiver”.

 

Entire Agreement

 

These Terms constitute the entire and exclusive agreement between you and GENTV.COM regarding the  

Site, Services and their use, and supersedes all other agreements, understandings and communications, if  

any, whether oral or written.

 

Contact Us  

If you have any questions regarding these Terms or your use of our Site, please contact us at by e-mail  

at support@Gentv.com.  

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