Terms and Conditions

1. The Service

The Service offers access to digitized versions of audio-video recordings, documents, and information relating to such audio-video recordings, and other content (individually and collectively, “Digital Content”) and other services under the terms and conditions in the Terms of Use.

2. Digital Content

2.1 Rights Granted. Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable right to use the Digital Content for your personal, educational, non-commercial, entertainment use, subject to and in accordance with the licensing agreement. You may use the recordings to train your employees up to the number of users that you have declared and paid for. Licenses are user-specific which means that a license for 10 users entitles you to receive a training account for 10 individual users by their name and e-mail addresses. Users can be changed after the renewal of the subscription. To change the user to a new one, please write to info@geniusgecko.com. You may stream, view, store a temporary copy of the Digital Content only for your personal, educational non-commercial, entertainment use, subject to and in accordance with the licensing agreement.

2.2 Restrictions. You represent, warrant, and agree that you will use the Service only for your personal, educational non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this Section 2.2. Sharing the Digital Content with people with video training access accounts is allowed, as long as the number of people having access to the Digital Content is according to the declared and paid for licenses (10 by default). You agree not to infringe the rights of the Digital Content’s copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in Section 2.1 above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction, or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law. Breaking these restrictions will result in blocking your training accounts and will entitle Genius Gecko (Mark My Words) to legal claims.

2.3 Explicit Content. You agree that we have no liability to you for Digital Content you find to be offensive, indecent, or objectionable.

2.4 All Sales Final; Viewing and Risk of Loss; Availability of Digital Content. All sales of Digital Content are final, although we do allow returns of Digital Content within 15 days of purchase if the return reason has been accepted by us. Once you have purchased Digital Content, we encourage you to view it promptly and to make backup copies of your account link information (if you have one). You bear all risk of loss after purchase and for any loss of Digital Content, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice, due to updates and content change.

3. Reservation of Rights

Except for the rights explicitly granted to you in this Agreement, all rights, title, and interest in the Service, the Software, and the Digital Content are reserved and retained by us. You do not acquire any ownership rights in the Software or Digital Content as a result of purchasing Software or Digital Content.

4. Territorial Restrictions

There are no territorial restrictions.

5. General

5.1 Damages Cap. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury, death, or intentional harm) arising out of or related to your use or inability to use the Software exceed the amount of fifty US Dollars ($50.00); and in no event, shall our or our Digital Content providers total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service (excluding the Software), exceed the amount you paid to purchase, on the Service, the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.

5.2 Termination, Amendments Your rights under this Agreement will automatically terminate without notice from us if you fail to comply with any of its terms. In case of such termination, you must cease all use of the Software and Digital Content, and we may immediately revoke your access to the Service without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on the Service’s website. Your continued use of the Service, the Software, or the Digital Content after any such amendment’s effective date evidences your agreement to be bound by it.

5.3 Law and Jurisdiction. This Agreement will be interpreted and enforced in accordance with the laws of Poland and you submit to the non-exclusive jurisdiction of the courts of Poland.

6. Your Accounts

When your training is delivered to you in a form of an online course, and you are given an account allowing you to access the course or training materials, ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. To have your training accounts set up it’s necessary to provide us with the email addresses of people that will be granted the license to access the purchased video training. These people will be granted access to the training platform for the duration stated in the purchased product description (usually 12 months). It is not allowed to change the license to a different person during the first 12 months, once it’s been granted, but it can be changed after the renewal of the product subscription. If you need to add more people to the training platform during the first 12 months, additional licenses have to be purchased for those people.

Genius Gecko (Mark My Words) reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

7. Privacy

Any data provided to us is stored safely on our servers and used only to provide you access to your Digital Content. Your e-mail address might be used for communication purposes if important information regarding the Digital Content or changes to Genius Gecko (Mark My Words) or our website needs to be communicated, new products have been introduced.

8. Access to Genius Gecko (Mark My Words)

We will do our utmost to ensure that the availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

9. Licence for website access

Genius Gecko (Mark My Words) grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Genius Gecko (Mark My Words). This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mar My Words and its affiliates without express written consent. Any unauthorized use terminates the permission or license granted by Genius Gecko (Mark My Words).

10. Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged, or impaired in any way.

11. Our contract

When you place an order to purchase a product from Genius Gecko (Mark My Words), we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product that is accepted by us when we send e-mail confirmation to you that we’ve dispatched that product to you. That acceptance will be complete at the time we send the confirmation e-mail to you. Any products on the same order that we have not confirmed in a confirmation E-mail to have been dispatched do not form part of that contract.

Access is provided to you as a subscription which by default will automatically renew after 12 months if not canceled by the user. The renewal price is the same as the current market price of the product and will be charged on the same credit card that was used for the purchase.

12. Pricing and availability

All prices are exclusive of VAT, which is added to the price during checkout when needed.

14. Electronic communications

When you visit Genius Gecko (Mark My Words) or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Terms and Conditions at any time. You will be subject to the policies and Terms and Conditions in force at the time that you use the website or that you order goods from us unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

16. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

17. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.