

This Terms of Use Agreement ("Agreement") between you and Geni.com ("Geni " or the "Company") sets forth the legally binding terms for your use of the Geni.com website (including all the areas of the site) and any successor websites ("Website") and the services, software, and applications the Website provides online and makes available offline (collectively, "Geni Services"). By accessing or using any of the Geni Services, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Geni Privacy Policy, whether or not you are a registered user of the Geni Services.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
This Agreement includes the acceptable use of the Geni Services and content posted on the Website, and your rights, obligations and restrictions regarding your use of the Geni Services. Please see Geni's Privacy Policy for more information about how we collect, use, and share information on the Website.
Geni may modify this Agreement at any time and such modification shall be effective upon posting by Geni on the Website. You agree to be bound to any changes to this Agreement when you use the Geni Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Your continued use of the Geni Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Geni Services
Please choose carefully the information you post on Geni.com and that you provide to other users. You agree that your Geni.com profile and other Content shall not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, otherwise objectionable subject matter, or otherwise violate this Agreement, including section 7 below. Despite this prohibition, information provided by other Website Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive, sexually explicit, or otherwise inappropriate material and Geni assumes no responsibility or liability for this material. If you become aware of misuse of the Geni Services by any person, please contact Geni at misconduct@geni.com. You should not provide Geni the email address of anyone under 13 years of age (16 in the European Union) as a part of Geni's efforts to protect children (see our safety tips).
Geni reserves the right, in its sole discretion, to reject, block, refuse to post or remove any Content or other posting (including private messages) by you, or to restrict, suspend, or terminate this Agreement or your access to all or any part of the Geni Services at any time, for any or no reason, with or without prior notice, and without liability.
Geni Accounts, Password and Email. Your Geni account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users. If you open a Geni account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. When you sign up to become a Member, you will also be asked to choose a permanent password and supply your email address. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Geni.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. By registering and providing your email address, you consent to Geni.com communicating with you by email, including without limitation, to provide you notice of any security breach in lieu of other written notification. You may opt-out of this email communication by contacting us at misconduct@geni.com.
By providing Geni your email address you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your email address to send you other messages, including changes to Geni features and special offers. If you do not want to receive such email messages, you may opt out by changing your account settings or by sending mail to the following postal address:
Customer Support
Geni.com
P.O. Box 4015
Burbank, CA 91503 USA
Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
General. Member agrees to pay for all products ordered through the Website using the payment method indicated, and provides Geni express authorization to charge said fees to the Member's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of Geni products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Member. If payment is not current, Geni may immediately cease to provide any and all Deliverables to the Member.
It is the Member's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "Settings" tab within the "Billing Information" section, once Member has logged into www.Geni.com. Geni does not validate all credit card information required by the Member's payment provider to secure payment.
Subscriptions. Your Geni premium membership may start with a free trial. The free trial period of your membership lasts for 14 days, or as otherwise specified during sign-up. You must have a current valid accepted payment method as indicated during sign-up to use a premium membership. Limit one free trial per user.
Prepaid fees for annual and multi-year subscriptions will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but may be subject to adjustment according to current product pricing and subject to adjustment for any taxes, incentives or discounts provided for said prepayment. A Member choosing to cancel a prepaid subscription prior to the end of its prepaid term may also be subject to a $15 processing fee. No partial month refunds will be provided.
Subscriptions will automatically renew using the Member's current credit card account number unless Member cancels their subscription on the Website at https://www.geni.com/account_settings/premium_account three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the Member's email account on record with Geni. If Member has a question about a cancellation, Member should contact Geni at subscriptions@geni.com. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current billing period. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Members of any such changes.
The Member must notify Geni about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to Geni's attention within 90 days, Member agrees to waive their right to dispute such problems or discrepancies.
Virtual Gifts. The Company's virtual gift service allows you to select an image from Geni's Virtual Gift Store and post it on the recipient's profile along with a message from you (the "Virtual Gift"). The length of time the Virtual Gift will remain posted on the recipient's profile (unless hidden or deleted by the recipient) will be determined by Company in its sole discretion, but it will remain there for a minimum of two weeks unless hidden or deleted by the recipient. The images and other content included as part of the Virtual Gift is part of the Geni Content and is subject to all terms and conditions regarding such Geni Content as are set forth in these Terms of Use. In addition, any message that you include with the Virtual Gift must comply with all terms and conditions regarding Content and Member conduct as set forth in these Terms of Use. Without limiting any of the foregoing, the Virtual Gift service is a service (notwithstanding any use of the terms "purchase," "buy," "sell," "order" or the like on the Website or in these Terms of Use),and neither you nor your recipient obtains or retains any rights or ownership interest of any kind in or to any Virtual Gift you send or receive through the Virtual Gift service, and neither you nor the recipient may reproduce, distribute, transfer, modify or otherwise use the Virtual Gift in any manner other than as expressly authorized by Company. All use of the Virtual Gift service is for your personal, non-commercial use only. Price and availability of Virtual Gifts are subject to change at any time without notice.
In order to send Virtual Gifts, you must purchase credits (the "Gift Credits") that are redeemable for Virtual Gifts at rates specified on the Virtual Gift page. Geni may in its sole discretion allow you to apply your Gift Credits toward other goods or services in addition to such Virtual Gifts. Although the Gift Credits you purchase do not expire, if you do not use your Gift Credits within three (3) years after the date of purchase, Geni may without notice redeem such Gift Credits on your behalf by sending Virtual Gifts to members of your family tree on the Website. Geni may determine in its sole discretion which of your relatives will receive such Virtual Gifts, how many each relative will receive, and which Virtual Gift(s) will be sent to each. Gift Credits have no monetary value and cannot be redeemed for cash. Gift Credits are non-refundable and non-transferable. Without limiting any of the foregoing, the Gift Credits system is a service (notwithstanding any use of the terms "purchase," "buy," "sell," "order" or the like on the Website or in these Terms of Use), and you do not obtain or retain any rights or ownership interest of any kind in or to Gift Credits. All use of the Gift Credits system is for your personal, non-commercial use only. To review how many Gift Credits you have remaining, go to the Virtual Gift page. If you have any questions about Gift Credits, please contact customer support.
Tangible Gifts.The Company and its suppliers continually upgrade and revise its products and services to provide you with new products and services. Geni may revise, discontinue or modify products or services at any time without prior notice to members, and products or services may become unavailable without notice. Geni shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, the Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or the Company may cancel the order.
We attempt to be as accurate as possible and eliminate errors on the Website, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit (including without limitation issuing, at our option, Gift Credits as described above), with a value at least equal to the amount charged to your credit card. Geni reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above. To request a refund, send an email to orders@geni.com.
Some orders may be charged, fulfilled and processed by an authorized third-party partner of Geni, in which case any refunds, charge-backs, returns, or product substitutions will be subject to the discretion and policies of such third-party gift fulfillment provider.
Any tangible property purchased through the Website will be shipped FOB Shipping Point. Title to such products passes from Company (or, as applicable, from the Company's authorized third-party gift fulfillment provider) to you upon shipment. With respect to services you purchase through the Website, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), Company will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
All tangible merchandise, other than special orders and as otherwise noted by Company, may be returned to us (or as applicable, to the Company's authorized third-party gift fulfillment provider) for a refund of your purchase price when you notify us (or as applicable, the Company's authorized third-party gift fulfillment provider) within 10 days of receipt of your order. The Company and its authorized gift fulfillment providers do not accept returns after this 10-day period. A 20% restocking fee may be applied to your return, but it shall not apply to returns due to defects or errors by Company or, as applicable, by the Company's authorized third-party gift fulfillment providers. You are responsible for paying shipping back to the designated location for returned items, unless such item is being returned due to a product defect or error by Company or, as applicable, by the Company's authorized third-party gift fulfillment provider. You must call first for a return authorization number, and no merchandise can be returned without a written authorization number from the Company or as applicable, from the Company's authorized third-party gift fulfillment providers. Items must be unopened, in new condition, and returned in original shipping containers. All merchandise must be inspected by customer upon delivery. If any box looks dented or damaged in any way, the driver must make a notation and should mark any damages. Boxes opened later and then damage noticed without driver making notation, is considered concealed damage. Some shipping companies do not always cover full refunds on concealed damage items. Company or, or, as applicable, the Company's authorized third-party gift fulfillment provider, is not responsible for damaged incurred during shipping. There are no returns or cancellations for any intangible property or services purchased from Company, including without limitation Virtual Gift services. All sales are final, non-cancelable and non-refundable except as expressly set forth in this Agreement or as otherwise determined by Company in its sole discretion.
Without limiting the foregoing, it is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). The DMCA provides remedies for copyright owners who believe that material appearing over the Internet infringes their rights under United States copyright law. To learn more about the DMCA, please visit the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf.
If you are a copyright owner or an agent thereof, and you believe in good faith that any content hosted on the Website infringes your copyrights, then you may submit a notification pursuant to the DMCA to our Designated Copyright Agent, either by mail to: Copyright Notices, Geni.com, P.O. Box 4015, Burbank, CA, 91503 or by email to: misconduct@geni.com.
Notices must meet the then-current statutory requirements imposed by the DMCA. Please include the following information in your notice:
If you are unsure whether you hold rights to a particular work or if the material you are reporting is in fact infringing, please consult an attorney or another adviser, as Geni cannot provide legal advice. Note that there can be penalties for false claims under the DMCA.
The Geni Services are controlled from our facilities in the United States. Geni makes no representations that the Geni Services are appropriate or available for use in other locations. Those who access or use the Geni Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.