GeekStyr, LLC Terms of Service
Acceptance of Terms
In addition, when using the Service, you shall be subject to any posted policies,guidelines or rules applicable thereto. All such policies, guidelines and rules are herebyincorporated by reference into the TOS. You further agree that, except as otherwise expresslyprovided in this TOS, there shall be no third-party beneficiaries to the TOS.
You must be at least 18 years of age to create an account with Geekstyr and use theService. By creating an account and using the Service, you represent and warrant that:
- you can form a binding contract with Geekstyr;
- you are not a person who is barred from using the Service under the laws ofthe United States or any other applicable jurisdiction;
- you will comply with this TOS and all applicable local, state, nationaland international laws, rules, and regulations; and
- you have never been convicted of or have ever pled no contest to a felony, asex crime, or any crime involving violence, and that you are not registered as a sexoffender with any state, federal, or local sex offender registry.
Description of Service
Geekstyr makes available a collection of resources to its registered andnon-registered users as the Service. These resources are generally related to the social networking anddating for persons involved in the gaming community, as generally understood. Geekstyr may,from time to time, expand the Service inits sole discretion. Unless explicitly stated otherwise any new features which augment or enhance the Service, including without limitation therelease of new Geekstyr properties, are subject to the then current TOS.
THE SERVICE IS PROVIDED "AS IS" AND GEEKSTYR ASSUMES NO RESPONSIBILITY FORTIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING,IMAGE, ORPERSONALIZATION SETTINGS. ADDITIONALLY, GEEKSTYR PROVIDES INFORMATION WITHOUT WARRANTY OF ANY KIND AND ASSUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS,LEGALITY, OR RELIABILITY OF THE INFORMATION.
You are responsible for maintaining the confidentiality of your login credentialsyou use to sign up for Geekstyr, and you are solely responsible for all activities that occurunder those credentials. If you think someone has gained access to your account, pleaseimmediately contact Geekstyr.
Rules of Behavior
All users must abide by the TOS. If a user fails to follow any of the guidelinesand/or rules of behavior, Geekstyr can discontinue their ability to use the Service at any time.In addition, we have the right to delete any piece of content, and provide comment on any topic orprofile we find objectionable in our reasonable discretion. In using the Service, you agreeto abide by these general rules:
- You are solely responsible for your own communications and content includingany data,
images, graphics, text, audio, video, email, links, and/or screen names youpost to the
Service. You agree to use the Service to post and receive communications andContent that
are legal and proper.
- You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwiseviolate the legal rights of others.
- You must not violate the privacy or publicity rights of others.
- You must not upload, post or link to any material that is inappropriate,defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful,objectionable, or unlawful (or promote or provide instructional information about illegalactivities or communications that could reasonably cause damage, loss, harm, or injury toany individual or group).
- You must not use another’s account.
- You must not create another account if we have already terminated your account unless you have our permission.
WHILE GEEKSTYR EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREETHAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUROWN RISK, AND THAT GEEKSTYR SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUTBY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY GEEKSTYR INWRITING.
- You are solely responsible for your own communications and content includingany data, images, graphics, text, audio, video, email, links, and/or screen names youpost to the Service. You agree to use the Service to post and receive communications andContent that are legal and proper.
Rights Geekstyr Grants You
Geekstyr grants you a personal, worldwide, royalty-free, non-assignable,nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is forthe sole purpose of letting you use and enjoy the Service’s benefits as intended byGeeksytr and permitted by this TOS. Therefore, you agree not to:
- use the Service or any content contained in the Service for any commercialpurposes without our written consent.
- copy, modify, transmit, create any derivative works from, make use of, orreproduce in any way any copyrighted material, images, trademarks, trade names, service marks,or other intellectual property, content or proprietary information accessible throughthe Service without Geekstyr’s prior written consent.
- express or imply that any statements you make are endorsed by Geekstyr.
- use any robot, bot, spider, crawler, scraper, site search/retrievalapplication, proxy or other manual or automatic device, method or process to access, retrieve,index, “data mine,” or in any way reproduce or circumvent the navigational structure orpresentation of the Service or its contents.
- use the Service in any way that could interfere with, disrupt or negativelyaffect the Service or the servers or networks connected to the Service.
- upload viruses or other malicious code or otherwise compromise the security ofthe Service.
- forge headers or otherwise manipulate identifiers in order to disguise theorigin of any information transmitted to or through the Service.
- “frame” or “mirror” any part of the Service without Geekstyr’s prior writtenauthorization.
- use meta tags or code or other devices containing any reference to Geekstyr orthe Service (or any trademark, trade name, service mark, logo or slogan of Geekstyr)todirect any person to any other website for any purpose.
- modify, adapt, sub-license, translate, sell, reverse engineer, decipher,decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- use or develop any third-party applications that interact with the Service orother users’ Content or information without our written consent.
- use, access, or publish the Geekstyr application programming interfacewithout our written consent.
- probe, scan or test the vulnerability of our Service or any system ornetwork.
- encourage or promote any activity that violates this TOS.
Rights You Grant Geekstyr
By creating an account, you grant to Geekstyr a worldwide, transferable,sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce,adapt, edit, publish, modify and distribute information you authorize us to access fromFacebook, as well as any information you post, upload, display or otherwise make available(collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Geekstyr’slicense to your Content shall be non-exclusive, except that Geekstyr’s license shall be exclusivewith respect to derivative works created through use of the Service. For example, Geekstyrwould have an exclusive license to screenshots of the Service that include your Content. Inaddition, so that Geekstyr can prevent the use of your Content outside of the Service, you authorizeGeekstyr to act on your behalf with respect to infringing uses of your Content taken from theService by other users or third parties.
Our license to your Content is subject to your rights under applicable law (forexample laws regarding personal data protection to the extent any Content contains personalinformation as defined by those laws) and is for the limited purpose of operating, developing,providing, and improving the Service and researching and developing new ones. You agree that anyContent you place or that you authorize us to place on the Service may be viewed by otherusers and may be viewed by any person visiting or participating in the Service (such as individualswho may receive shared Content from other Geekstyr users).
Inconsideration for Geekstyr allowing you to use the Service, you agree that we,our affiliates, and our third-party partners may place advertising on theService. By submittingsuggestions or feedback to Geekstyr regarding ourService, you agree that Geekstyr may use andshare such feedback for any purpose without compensating you.
You agree that Geekstyr may access, preserve and disclose your account informationand Content if required to do so by law or in a good faith belief that such access, preservationor disclosure is reasonably necessary, such as to: (i)comply with legal process; (ii) enforcethis TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv)respond to your requests for customer service; or (v) protect the rights, property or personalsafety of the Company or any other person.
Geekstyr Proprietary Rights - Trademarks and Copyrights
You acknowledge and agree that the Service and any necessary software used inconnection with the Service ("Software") contain proprietary and confidential information that is theproperty of Geekstyr and its licencors, and is protected by applicable intellectual propertyand other laws. No rights or title of to any of the Software used in connection with any Serviceis provided, transferred or assigned to you. You further acknowledge and agree that contentcontained in advertisements or information presented to you through the Service or advertisersis protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietaryrights and laws.Except as expressly authorized by Geekstyr or advertisers, you agree not tomodify, rent, lease, loan, sell, distribute or create derivative works based on the Service orSoftware, in whole or in part, at any time. You also acknowledge Geekstyr's exclusive rights inthe Geekstyr trademark and service mark.Trademarks, service marks, logos, and copyrighted worksappearing on Geekstyr are the property of Geekstyr or the party that provided such intellectualproperty to Geekstyr. Geekstyr and any party that provides intellectual property to Geekstyrretain all rights with respect to any of their respective intellectual property appearing onGeekstyr, and no rights in such materials are transferred or assigned to you, in whole or inpart, at any time.
Third Party Links
The Service may contain advertisements and promotions offered by third parties andlinks to other web sites or resources. Geekstyr is not responsible for the availability (or lackof availability) of such external websites or resources.If you choose to interactwith the third parties made available through our Service, such party’s terms will govern theirrelationship with you. Geekstyr is not responsible or liable for such third parties’ terms oractions.
In App Purchases. From time to time, Geekstyr may offer productsand services for purchase (“in app purchases”) through iTunes,Google Play or other applicationplatforms authorized by Geekstyr (each, a“Software Store”). If you choose to make an in apppurchase, you will be prompted to enter details for your account with your Software Store (“yourIAP Account”), and your IAP Account will be charged for the in app purchase inaccordance with the terms disclosed to you at the time of purchase as well as the general terms for inapp purchases that apply to your IAP Account. Some Software Stores may charge you sales tax,depending on where you live. If you purchase an auto-recurring periodic subscription through anin app purchase, your IAP Account will continue to be billed for the subscription untilyou cancel. After your initial subscription commitment period, and again after any subsequentsubscription period, your subscription will automatically continue for an additional equivalentperiod, at the price you agreed to when subscribing. If you do not wish your subscription torenew automatically, or if you want to change or terminate your subscription, you willneed to log in to your IAP account and follow instructions to cancel your subscription, even ifyou have otherwise deleted your account with us or if you have deleted the Geekstyrapplication from your device. Deleting your account on Geekstyr or deleting the Geekstyr applicationfrom your device does not cancel your subscription; Geekstyr will retain all funds charged to yourIAP Account until you cancel your subscription through your IAP Account.
Refunds. Generally, all charges for purchases are nonrefundable,and there are no refunds or credits for partially used periods. We may make an exception if arefund for a subscription offering is requested within fourteen days of the transaction date,or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing inArizona, California, Connecticut, Illinois, Iowa,Minnesota, New York, NorthCarolina, Ohio and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time priorto midnight of the third business day following the date you subscribed. In the event that youdie before the end of your subscription period, your estate shall be entitled to are fund of thatportion of any payment you had made for your subscription which is allocable to the periodafter your death. In the event that you be come disabled (such that you are unable to use theservices of Geekstyr) before the end of your subscription period, you shall be entitled to arefund of that portion of any payment you had made for your subscription which is allocable tothe period after your disability by providing the company notice in the same manner as you requesta refund as described below.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
To request a refund:
If you subscribed using your AppleID, refunds are handledby Apple, not Geekstyr. To request a refund, go to iTunes, click on your Apple ID, select“Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request athttps://getsupport.apple.com.
If you subscribed using your GooglePlay Store account or through Geekstyr Online:please contact customer support with your order number for the Google Play Store (you can findthe order number in the order confirmation email or by logging in to Google Wallet) or GeekstyrOnline (you can find this on your confirmation email). You may also mail or deliver a signed anddated notice which states that you, the buyer, are canceling this agreement, or words ofsimilar effect. Please also include the email address or telephone number associated with youraccount along with your order number.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GEEKSTYR, ITSAFFILIATES, EMPLOYEES, LICENCORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION,LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE,GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TOACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON,THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OFYOUR CONTENT, EVEN IF GEEKSTYR HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL GEEKSTYR’S AGGREGATE LIABILITY TOYOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEEDTHE AMOUNT PAID, IF ANY,BY YOU TO GEEKSTYR DURING THE TWENTY-FOUR (24) MONTH PERIODIMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDINGAGAINST GEEKSTYR, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SETFORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICHLIABILITY IS BASED(WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVEOF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THISAGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 15 SHALL APPLYEVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOSOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Disclaimer of Warranties
GEEKSTYR MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2)THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THESERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OROTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS,OR (5) THAT THE SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SOFTWARE WILL BECORRECTED.
No advice or information, whether oral or written, obtained by you from Geekstyr orthrough or from the Service shall create a warranty not expressly stated in these TOS.
Disclosures Required by Law
Geekstyr reserves the right at all times to disclose any information, includingpersonally identifiable information about you, as necessary to satisfy any applicable law,regulation, legal process or governmental request. Geekstyr reserves the right to fullycooperate with any law enforcement authorities or court order requesting or directing Geekstyr todisclose the identity of anyone posting any content, or publishing or otherwise makingavailable any materials that are believed to violate the TOS. Geekstyr will use reasonableefforts to notify you in connection with any such inquiry; provided, however, that the inquiry inquestion is not confidential, and further provided that Geekstyr shall have no duty to disclosesuch information and therefore shall not be liable to you in connection with any non-disclosure.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD GEEKSTYRHARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GEEKSTYR DURING OR AS A RESULT OF ITSINVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHERGEEKSTYR OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.
If there is any dispute about or involving Geekstyr and/or the Service, you agreethat any dispute shall be governed by the laws of the State of Texas, without regard toconflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in thestate and federal courts of the Fifth Circuit, New Orleans, Louisiana.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSEOF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHINONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
You agree, to the extent permitted under applicable law, to indemnify, defend andhold harmless Geekstyr, our affiliates, and their and our respective officers, directors, agents and employees from and against any and all complaints, demands, claims, damages,losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, orrelating in any way to your access to or use of the Service, your Content, or your breach of thisAgreement.