DNA Terms of Use updated July 1, 2016

This Terms of Use Agreement ("Agreement") applies to all Geni ("Geni", or the "Company", which includes Geni's parent company MyHeritage Ltd. ("MyHeritage")) products and services and describes the conditions for your use of the DNA integration features on MyHeritage-affiliated websites (including Geni.com) and any successor websites ("Website") and the services, software, and applications the Website provides online and makes available offline (collectively, "DNA 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 describes the acceptable use of the DNA markers, nucleotides, mutations or haplogroups (“DNA Results”) on the Website and your rights, obligations and restrictions regarding your use of the DNA Services. Please see Geni's Privacy Policy for more information about how we collect, use, and share information on the Website and the DNA Services.

Geni may modify this Agreement at any time and such modification(s) shall be effective upon posting by the Company on the Website. When we make changes to this Agreement, we will update the effective date at the top of this page. Your continued use of the DNA Services after any such change constitutes your acceptance of the updated Terms of Use. It is therefore important that you check the current version available from time to time and ensure you are updated as to any changes.

The DNA Services are not available to residents of Israel ("Restricted Locations"). By authorizing the Family Tree DNA Connector application or uploading or transferring DNA Results to the Website, you represent that you are eighteen (18) years of age or older and are not a resident of the Restricted Locations listed above, and you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your DNA Results as set forth in the DNA provisions in the Privacy Policy. In addition, you represent that any information that associates an individual with their DNA Results you transfer or upload are either your DNA or the DNA of a person for whom you are a legal guardian or have obtained legal authorization to provide their DNA to Geni. These Terms apply to DNA shared through direct upload to our websites or applications, authorization of the Family Tree DNA Connector application or any other means by which you provide your DNA information to the Company.

By submitting DNA Results to the Website, you give permission to Geni to analyze and match the DNA data using methods available now and developed in the future, to disclose the results of the matching and analysis to you and others that you authorize, and to store the results of the DNA tests in accordance with this Agreement and with the Geni DNA Privacy Statement. Geni does not claim any ownership rights in the DNA that is transferred. Any genetic information derived from the DNA Results continues to belong to the person who submitted the DNA sample, subject only to the rights granted to the Company in this Agreement. In addition, you understand that by providing DNA Results to us, you acquire no rights in any research or commercial products that may be developed by the Company that may relate to or otherwise embody your DNA.

Note: Any transfer of genetic information or personal data, including STRs for Y-DNA and mutations for Mitochondrial DNA, from Family Tree DNA to any other entity, including Geni and MyHeritage, is completely voluntary and at the sole discretion of the user transferring the data. Family Tree DNA takes no responsibility for any consequences from the decision of users to transfer data to any other entity.

By submitting DNA Results to the Website, you grant Geni a royalty-free, world-wide license to use your DNA Results, and any DNA Results you submit for any person from whom you obtained legal authorization as described in this Agreement, and to use, host, sublicense and distribute the resulting analysis to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release the Company from any and all claims, liens, demands, actions or suits in connection with the DNA Results, including, without limitation, errors, omissions, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This Agreement continues even if you stop using the Website or DNA Services.

If you are a User residing outside the United States and providing DNA Results, you confirm that this submission is not subject to any export ban or restriction in the country in which you reside. You also agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide the representations in this Agreement and you explicitly waive any laws or regulations relating to DNA test results and storage from the state or jurisdiction in which you reside. You agree that the results will be stored in the United States as provided in this Agreement. You further agree that your results may only be accessible through the Website and that you may not be able to use the results in a website targeted to your country of residence or hosted outside the United States.

Geni reserves the right, in its sole discretion, to reject, block, refuse to post, or remove any DNA Results submitted by you, or to restrict, suspend, or terminate this Agreement or your access to all or any part of the Website or DNA Services at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility. Use of and Membership in the DNA Services is void where prohibited. You may use the DNA Services only if you are eighteen (18) years of age or older and are legally capable of forming a binding contract with Geni. Do not use Geni Services if your use violates any applicable local, state or national law or regulation in your jurisdiction of residence. By authorizing the DNA Application, you represent and warrant that (a) the DNA Results belong to you or someone for whom you have legal authorization to share the DNA Results; (b) you are eighteen 18 years of age or older; and (c) your use of the DNA Services does not violate any applicable law or regulation. Your DNA Results may be deleted and your Membership may be terminated without notice, if the Company believes this Agreement or any portion of it have been violated or contradicted.
2. Term. This Agreement applies to the DNA Services currently in use or previously used. You may remove DNA Results associated with your account at any time, for any reason, by following the instructions on the DNA FAQ page. The Company may remove your DNA Results and/or terminate your Membership at any time, without notice. Even after Membership is terminated, the Proprietary Rights set forth in this Agreement will remain in effect.
3. Non-commercial Use by Members. The DNA Services are for the personal, private and informational use of Members only and may not be used in connection with any commercial or research endeavors except those that are specifically endorsed or approved in writing by Geni. Illegal and/or unauthorized use of the DNA Services, including collecting DNA Results is prohibited. Geni and its family of companies reserve the right to protect and enforce all rights associated with the DNA Services offered.
4. Geni DNA Research Project. The Geni DNA Research Project (“Project”) is a program designed to facilitate DNA-based research (both internal and through third-party organizations) based on the DNA Results uploaded or transferred to Geni. Any member who uploads or transfers DNA Results to Geni, whether their own or as an authorized agent of the owner of the DNA Results, may voluntarily participate in the Project.
   1. What information will be collected? For what purpose will the Information be used?

      The Project collects, preserves and analyzes genealogical lineage, historical records, surveys, genetic information, and other records (collectively, "Research Information") provided by users in order to conduct research studies to better understand, among other things, human evolution and migration, population genetics, regional health issues, ethnographic diversity and boundaries, genealogy and the history of our species. Researchers hope that the Research Project will be an invaluable tool for a wide range of scholars and researchers interested in genealogy, anthropology, evolution, languages, cultures, medicine, and other topics and that the Research Project may benefit future generations.

      Discoveries made as a result of the Project may be used in the study of genealogy, anthropology, population genetics, population health issues, cultures, trends (for example, to identify health risks or spread of certain diseases), and other related topics.

   2. How can I take part in the Project?

      To participate in this research project, you must review this Notice and if you choose to participate, click on both of the following links:

      • the consent on this Website associated with the DNA Research Project. Once you accept the terms, we will use the Information you provide (directly, or by providing consent for us to collect) for the Project.
      • You will also need to read and accept the Geni DNA Terms of Use (as well as the Terms of Use for the Geni website as a whole).

      If we or a third party wants to conduct a study (1) on topics unrelated to the Project, or (2) using information beyond what is described in this Informed Consent, we will re-contact you to seek your specific approval. In addition, we may contact you to ask you to complete a questionnaire or to ask you if you are willing to be interviewed about the Project or other matters.

   3. What are the costs and will I receive compensation?

      Geni will not charge participants any fees in order to be part of the Project.

      There will be no financial compensation paid to participants in order to be part of the Project. The data you share with us for the Project may benefit researchers and others in the future. If any commercial product is developed as a result of the Project or its outcomes, there will be no financial benefit to you.

   4. What is my alternative to participating?

      This project does not involve treatment for any condition and you will have access to Geni DNA features regardless of your participation. Your alternative is not to be in the study.

   5. What are the benefits of participating?

      The Project is intended to assist academics or researchers to better understand the human species, learn or confirm certain facts and make predictions about future trends. Thus, the more Information contributed to the Project, the better any potential results could be.

      It is not anticipated that the Project will provide significant benefit impact to an individual participant, and Project results will not be communicated by Geni to you should you choose to participate.

   6. Are there any risks to participating?

      Your test results may reveal information about you or your biological family (blood relatives) that you did not know, and thus, it is not possible to predict all unintended consequences or risks. However, there is no physical risk to allowing your information to be used in the Project. While the Information shared (through publication or with another entity) in the context of the Project will not contain information that typically permits identification of an individual, such as a name or address, people may develop processes that would allow someone to re-identify the previously de-identified data. We apply a variety of controls to maintain the anonymity and integrity of our systems and to prevent such actions. However, as with other technological controls, there is no guarantee against unauthorized or nefarious actors. While there may be additional risks to participation that are currently unforeseeable, Geni will continually work to prevent negative impact to our individual participants.

      Please note that if you are a resident of the United States of America, a federal law called the Genetic Information Non-Discrimination Act (GINA) generally makes it illegal for health insurance companies, group health plans, and most employers to discriminate against you based on your genetic information. However, this law does not protect you against discrimination by companies that sell life insurance, disability insurance, or long-term care insurance and it does not guarantee your privacy.

   7. How will Geni and its affiliates protect my Information?

      Information obtained through the Project will be stored in our secure databases in the United States. We use a combination of physical, technical, and administrative procedures to protect the privacy and security of Information. For example, we restrict access to our data center and databases by using industry standard physical and logical protocols, encrypted Internet connections to the Geni.com website, and all Geni owned computer servers employ appropriate security controls. As Information is shared between and among us, it will be protected through the use of encryption.

      Whenever Research Information from multiple individuals is aggregated, personal identifiers (such as names, birth dates and specific locations, etc.) from those participants will be removed. In publishing outcomes of studies about the Project or as a result of the Project, only Research Information without personal identifiers will be published or made available to the public.

      We will not release Information that identifies you outside the Geni Family without first asking for and receiving your authorization to do so, except as required by law. Your identity will not be disclosed by us in any publication of the Project without your permission. The Information used in the Project will be segregated from other information and only specifically authorized individuals at Geni will have access to this Information.

   8. Could my participation end without my consent?

      Yes. We may terminate the Project at any time and in our discretion, without your consent. We will continue to maintain appropriate protections for the Information even if the Project is terminated or after the data you provide is no longer in use.

   9. How can I withdraw from this Project?

      Participation in this Project is purely voluntary and may be revoked at any time. If you choose to withdraw some or all of your personally identifiable Information you provided to the Project, you may do so by contacting us at consent@geni.com to advise of your withdrawal. We will cease use of this Information as part of the Project. We will continue to provide you with the ability to use our websites or other services as before. Please note that due to the de-identification of certain Information, any research or studies using annonymized or aggregate Information that has already begun, studies that have been completed, and any study results or findings that have been published prior to your withdrawal cannot be reversed, undone, or removed.

   10. What if I or my family member works for Geni or MyHeritage?

       Employees and their family members are not required to participate in this Project. No one should influence or pressure you to participate in the Project. An employee or his/her family member’s decision to participate in the Project, or to withdraw from the Project at any time, will not affect the employee’s job or job benefits.

   11. What if I have questions?

       You can contact Geni at the address below if you have any concerns or questions about the Project:

       Geni.com
       P.O. Box 4015
       Burbank, CA 91503 USA
       consent@geni.com
5. Proprietary Rights in Content.
   1. Geni does not claim any ownership rights in the DNA Results that you transfer via the DNA Services. After posting your DNA Results to the Website, you continue to retain all ownership rights in such Results, and you continue to have the right to use your DNA Results in any way you choose. By transferring any DNA Results to the Website, you hereby grant, and you represent and warrant that you have the right to grant, to Geni the right to receive, use, modify, publicly display, reproduce, distribute, and create derivative works of such DNA Results solely on and through the DNA Services for commercial and non-commercial purposes and the Company's (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the DNA Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Member of the Website a non-exclusive license to access your DNA Results through the DNA Services as permitted through the functionality of the DNA Services, under this Agreement and your privacy settings.
   2. The DNA Services contain DNA Results of users, Members, and other licensors. Except for Content posted by you, or as expressly permitted by the privacy settings of a user, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the DNA Services.
6. Content Posted. You are solely responsible for the DNA Results you post on or through any of the DNA Services, and any material or information that you transmit to Geni, its Members and for any interactions with other users. Geni does not endorse and has no control over the DNA Results. DNA Results may not be reviewed by the Company prior to posting. Geni makes no warranties, express or implied, as to the DNA Results posted or to the accuracy, reliability, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website or DNA Services.
7. Use of Data and Attribution Users of the Website, DNA Application or Members may collect and use other user Content only to the extent allowed by such Member’s privacy settings subject to our Privacy Policy and solely limited to that Content that is designated as public by the Member. If you collect and/or use any such Content you agree to the following: (a) provide proper attribution to Geni.com, (b) provide a link to the Geni Website, and (c) include a statement that your use/product/website is not endorsed by or affiliated with Geni or MyHeritage.
8. Privacy. We care about the privacy of our users. Click here to view our Privacy Policy. By using the DNA Service, you consent to have your personal data transferred to and processed in the United States and you acknowledge that the DNA Results you provide may be used as described in our Privacy Policy.
   1. Unless you disable it through your profile privacy page, your DNA Results will be matched with other users and may be linked to your profile page (where personally-identifiable information such as your name, DNA haplogroups or other DNA information, and names of immediate family members may be visible) and to the profile page of your family members with matching DNA where personally-identifiable information may be visible.
   2. Unless you disable it on your profile privacy page, your DNA haplogroups and matches will be propagated to applicable profiles in your family tree, which may be visible to all users of the Website. Users who view haplogroups and matches of propagated results may be able to use such information to infer the DNA of other relatives in the family tree.
   3. Your DNA Results may be used to confirm or refute existing relationships in your family tree, which may expose relationships that cannot be verified by DNA. The Company takes no responsibility for conclusions that are inferred by other Members or by DNA Results. If you are unable or unwilling to contend with the consequences and any possible negative impact of such inferences should not upload DNA Results to Geni, and should delete their DNA Results if they have already been uploaded.
9. Security. We have implemented commercially reasonable technical, physical and administrative measures designed to protect your information against accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
10. Disclaimers.
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYHERITAGE OR GENI, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, LICENSORS AND AFFILIATES BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE DNA RESULTS POSTED ON THE WEBSITE OR IN CONNECTION WITH THE DNA SERVICE, WHETHER CAUSED BY USERS OF THE WEBSITE, MEMBERS, OUR ADVERTISERS OR CORPORATE PARTNERS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE OPERATION OF THE WEBSITE OR THE DNA SERVICE.
    2. GENI AND ITS LICENSORS AND AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING LOST DATA, LOST INFORMATION, PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE DNA SERVICES, ANY DNA RESULTS POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
    3. GENI ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS; AND ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. GENI AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER EQUIPMENT BELONGING TO ANY USER OF THE WEBSITE, ANY MEMBER, OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE WEBSITE, VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE WEBSITE, OR OTHERWISE IN CONNECTION WITH THE SERVICE.
    4. THE WEBSITE AND THE DNA SERVICE ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, GENI EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE DNA SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GENI DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE DNA SERVICES. THE DNA SERVICES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY THE COMPANY. GENI HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. YOU EXPRESSLY RELIEVE GENI FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES. GENI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. GENI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
    5. GENI MAY IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO, PREVIEW, REVIEW, SCREEN, REMOVE, OR EDIT DNA RESULTS.
11. Limitation on Liability. IN NO EVENT SHALL MYHERITAGE OR GENI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE DNA SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GENI'S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE DNA SERVICES DURING THE TERM OF MEMBERSHIP. GENI ASSUMES NO LIABILITY RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE DNA SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DNA SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE DNA SERVICES, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY DNA RESULTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    The DNA Services are controlled from our facilities in the United States. Geni makes no representations that the DNA Services are appropriate or available for use in other locations. Those who access or use the DNA Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

12. Arbitration. In the unlikely event that the Company has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Company claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) to be conducted in the city of Los Angeles, California under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing the Company from seeking injunctive or other equitable relief from the courts as necessary to protect any of its proprietary interests. ALL CLAIMS MUST BE BROUGHT IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A REPRESENTATIVE PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GENI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION CLAIM.
13. Disputes and Governing Law. You agree that: (i) the DNA Services shall be deemed solely based in California; and (ii) the DNA Services shall be deemed a passive one that does not give rise to personal jurisdiction over Geni, either specific or general, in jurisdictions other than California. This Agreement and any dispute regarding the DNA Services shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
14. Indemnity. You agree to indemnify and hold MyHeritage, its subsidiaries, agents, licensors, managers, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of or access to the DNA Services, your violation of this Agreement, breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any DNA Results that you post on the Website or through the DNA Services causes the Company to be liable to any third party.
15. Other. This Agreement constitutes the entire agreement between you and Geni regarding the use of the DNA Services. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Geni is a trademark of MyHeritage Ltd. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
16. Statute of Limitations. You agree that, regardless of any statute or law to the contrary (to the extent allowed by applicable law), any claim or cause of action, arising out of or related to use of the DNA Services or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.