Project Genesis Website Terms of Use

Project Genesis Website Terms of Use

Please read these Project Genesis Website Terms of Use (these “Terms of Use”) carefully before using this website. By using this website you have accepted these Terms of Use. If you do not accept these Terms of Use, do not use the website.

DISH Wireless LLC (“DISH”) may modify all or any part of these Terms of Use from time to time without notice to you; you should check back often so you are aware of your current rights and responsibilities. Your continued use of this website after changes to the Terms of Use have been published constitutes your acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this website

Copyrights

DISH owns the intellectual property rights in all text, images, software or other content available on this website or has obtained applicable rights to such text, images, software or other content from applicable third parties who own the content. You may not redistribute or copy any part of this website without the prior written consent of DISH.

No other use of the material within this website (or portion thereof) is permitted without our prior written consent.

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.

Trademarks

The trademarks, logos and service marks (the “Marks”) used on this website are the property of DISH or other third parties. You may not use these Marks without the prior written consent DISH or other applicable third parties.

Contributions; Information Provided

By posting or otherwise submitting your suggestions, comments, ideas and/or other feedback (collectively “Feedback”) to any of our web properties governed by these Terms of Use, including our various community forums and blogs, you grant to Project Genesis a non-exclusive, royalty-free, sublicensable, irrevocable, worldwide license to use, store, reproduce, save, modify, create derivative works to, and distribute the Feedback. Any information, registration or application (collectively, “Information”) provided by you on this website will not obligate DISH in any way and DISH may, in its sole and absolute discretion, respond to you or not respond to you regarding such Information. Such response or non-response, as the case may be, shall in no way give rise to any claim by you and you agree to indemnify and hold DISH and DISH’s Affiliates, and its and their respective officers, directors, members, managers, consultants, employees, agents and shareholders, and its and their respective assigns, heirs, successors and legal representatives harmless from and against any and all third party claims that relate to, arise out of or are incurred in connection with your Feedback or Information.

Content and Liability Disclaimer

We use reasonable efforts to include accurate, complete and current information on this website. However, we do not warrant that the content on this website is accurate, complete, current, or free of technical or typographical errors. It is your responsibility to verify any information before relying on it. We reserve the right to make changes and updates to any information contained within this website without prior notice.

Access to, and use of, this website and the content included in this website is at the risk of the user. If we have provided links to certain other websites, such are provided solely for your convenience, and we are not responsible for the content of any other websites. You must take appropriate precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NEITHER WE NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SITE OR ON ANY OTHER HYPERLINKED WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF.

Your Conduct

You must comply with all applicable local, state, national and international laws and regulations when you use our website. Any attempt by anyone to deliberately damage this website is a violation of criminal and civil laws. We reserve the right to seek damages from anyone doing so to the fullest extent permitted by law.

You also will not post or transmit through this website any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law.

Monitoring Your Use of This Website and Your Conduct

DISH is under no obligation to monitor the material residing on or transmitted to this website (or any server used in connection with this website). However, anyone using this website agrees that we may monitor the website (and any server used in connection with this website) to (1) comply with any necessary laws, regulations or other governmental requests; and (2) to operate the server properly or to protect ourselves and our users. We reserve the right to modify, reject, or eliminate any material residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of the law or these terms and conditions.

Privacy

We encourage you to review our Privacy Policy.

Dispute Resolutions

Any claims arising out of the use of this website shall be resolved by arbitration in Denver, Colorado in accordance with the then current rules of the American Arbitration Association. The internal laws of the State of Colorado (other than conflicts of law rules) and of the United States of America shall apply. A single arbitrator engaged in the practice of law shall conduct the arbitration. The arbitrator’s decision and award shall be final and binding and may be entered in any court with jurisdiction. If one or more of the provisions contained in these Terms of Use is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

Notice and Procedure for Making Claims of Copyright Infringement

Any claims arising out of the use of this website shall be resolved by arbitration in Denver, Colorado in accordance with the then current rules of the American Arbitration Association. The internal laws of the State of Colorado (other than conflicts of law rules) and of the United States of America shall apply. A single arbitrator engaged in the practice of law shall conduct the arbitration. The arbitrator’s decision and award shall be final and binding and may be entered in any court with jurisdiction. If one or more of the provisions contained in these Terms of Use is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

To file a notice of infringement with us, please provide the following information to our designated copyright agent listed below:

1. A description of the copyrighted work or other intellectual property that you claim has been infringed.

2. A description of the material that you claim infringes the copyrighted work listed in item #1.

3. An address, telephone number, and an email address where the alleged infringing party can contact you.

4. The following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

5. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

6. Your electronic or physical signature.

To file a counter notification with us, please provide the following information to our designated copyright agent below:

1. A description of the material that we have removed or to which we have disabled access.

2. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Denver, Colorado if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person.

3. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

4. Your electronic or physical signature.

We have registered a designated agent with the United States Copyright Office pursuant to 17 U.S.C. 512(c).

Please send notifications of infringement and counter notifications to our designated copyright agent at: Office of the General Counsel, DISH Wireless LLC, P.O. Box 6655, Englewood, CO 80115, Fax: (303) 723-1454 and email: copyright@dish.com