GeekStyr, LLC Terms of Service
When users register, there should be a splash screen requiring them to express their consent to
the Terms of Service and Privacy Policy. In the absence of such a
screen(“clickwrapacceptance”), Courts are reluctant to rule that users are bound by the terms.
1. Acceptance of Terms
GeekStyr, LLC (“GeekStyr”) welcomes you to its online service (the “Service”). By using
this Service, whether through a mobile device, mobile application or computer, you are
agreeing to the following Terms of Service (the “TOS”) and the accompanying privacy
policy(the “Privacy Policy”) which is incorporated by reference into this TOS, whether or
not you area registered user of the GeekStyr dating app or any website owned and
operated by GeekStyr. The TOS maybe updated from time to time with or without notice
to you. However, you can always find the latest TOS at [website address] and should
check regularly for updates and changes.
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 hereby
incorporated by reference into the TOS. You further agree that, except as otherwise
expressly provided in this TOS, there shall be no third-party beneficiaries to the TOS.
2. Eligibility
You must be at least 18 years of age to create an account with GeekStyr and use the
Service. By creating an account and using the Service, you represent and warrant that:
1. you can form a binding contract with GeekStyr;
2. you are not a person who is barred from using the Service under the laws of the
United States or any other applicable jurisdiction;
3. you will comply with this TOS and all applicable local, state, national and
international laws, rules, and regulations; and
4. you have never been convicted of or have ever pled no contest to a felony, a sex
crime, or any crime involving violence, and that you are not registered as a sex
offender with any state, federal, or local sex offender registry.
3. Description of Service
GeekStyr makes available a collection of resources to its registered and non-registered
users as the Service. These resources are generally related to the social networking and
dating for persons involved in the gaming community, as generally understood. GeekStyr
may, from time to time, expand the Service in its sole discretion. Unless explicitly stated
otherwise any new features which augment or enhance the Service, including without
limitation the release 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.
4. Phone Number
In order to use GeekStyr, you will need to use a valid phone number to log in. If
you do so you authorize GeekStyr to send a text message to said number for the
purposes of validating its identity and authenticity. Standard data and message
rates may apply each time you log into your account and when creating an
account. For more information regarding the information we collect from you and how we
use it, please consult our Privacy Policy.
5. Location
In order to use GeekStyr you must allow access to your location data, this will allow
GeekStyr to match you with other users based upon your current location. If you disable
your location GeekStyr will not be able to match you with other users. For more
information regarding the information we collect from you and how we use it, please
consult our Privacy Policy.
6. Facebook
In order to use GeekStyr, you may sign in using your Facebook login. If you do so, you
authorize us to access and use certain Facebook account information, including but not
limited to your public Facebook profile and information about Facebook friends you share
in common with other GeekStyr users. For more information regarding the information we
collect from you and how we use it, please consult our Privacy Policy.
You are responsible for maintaining the confidentiality of your login credentials you use to
sign up for GeekStyr, and you are solely responsible for all activities that occur under
those credentials. If you think someone has gained access to your account, please
immediately contact GeekStyr.
7. Rules of Behavior
All users must abide by the TOS. If a user fails to follow any of the guide lines and/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 or profile we find objectionable in our reasonable discretion. In using the Service,
you agree to abide by these general rules:
1. You are solely responsible for your own communications and content including
any data, images, graphics, text, audio, video, email, links, and/or screen names
you post to the Service. You agree to use the Service to post and receive
communications and Content that are legal and proper.
2. You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise
violate the legal rights of others.
3. You must not violate the privacy or publicity rights of others.
4. 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
illegal activities or communications that could reasonably cause damage, loss,
harm, or injury to any individual or group).
5. You must not use another’s account.
6. 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.
8. Rights GeekStyr Grants You
GeekStyr grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive,
revocable, and non-sub licensable license to access and use the Service. This license is
for the sole purpose of letting you use and enjoy the Service’s benefits as intended by
Geeksytr and permitted by this TOS. Therefore, you agree not to:
1. Use the Service or any content contained in the Service for any commercial
purposes without our written consent.
2. Copy, modify, transmit, create any derivative works from, make use of, or
reproduce in any way any copyrighted material, images, trademarks, trade
names, service marks, or other intellectual property, content or proprietary
information accessible through the Service without GeekStyr’s prior written
consent.
3. Express or imply that any statements you make are endorsed by GeekStyr.
4. Use any robot, bot, spider, crawler, scraper, site search/ retrieval application,
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 or presentation of the Service or its contents.
5. Use the Service in any way that could interfere with, disrupt or negatively affect
the Service or the servers or networks connected to the Service.
6. Upload viruses or other malicious code or otherwise compromise the security of
the Service.
7. Forge headers or otherwise manipulate identifiers in order to disguise the origin
of any information transmitted to or through the Service.
8. “Frame” or “mirror” any part of the Service without GeekStyr’s prior written
authorization.
9. Use meta tags or code or other devices containing any reference to GeekStyr or
the Service (or any trademark, trade name, service mark, logo or slogan of
GeekStyr) to direct any person to any other website for any purpose.
10. Modify, adapt, sub-license, translate, sell, reverse engineer, decipher, decompile
or otherwise disassemble any portion of the Service, or cause others to do so.
11.
12. Use or develop any third-party applications that interact with the Service or other
users’ Content or information without our written consent.
13. Use, access, or publish the GeekStyr application-programming interface without
our written consent.
14. Probe, scan or test the vulnerability of our Service or any system or network.
15. Encourage or promote any activity that violates this TOS.
9. 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 from Facebook, 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’s license to your Content shall be non-exclusive, except that GeekStyr’s license
shall be exclusive with respect to derivative works created through use of the Service.
For example, GeekStyr would have an exclusive license to screenshots of the Service
that include your Content. In addition, so that GeekStyr can prevent the use of your
Content outside of the Service, you authorize GeekStyr to act on your behalf with respect
to infringing uses of your Content taken from the Service by other users or third parties.
Our license to your Content is subject to your rights under applicable law (for example
laws regarding personal data protection to the extent any Content contains personal
information 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 any Content you place or that you authorize us to place on the
Service may be viewed by other users and may be viewed by any person visiting or
participating in the Service (such as individuals who 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 the Service. By submitting
suggestions or feedback to GeekStyr regarding our Service, you agree that GeekStyr
may use and share such feedback for any purpose without compensating you.
You agree that GeekStyr may access, preserve and disclose your account information
and Content if required to do so by law or in a good faith belief that such access,
preservation or disclosure is reasonably necessary, such as to: (i) comply with legal
process; (ii) enforce this 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 personal safety of the Company or any other person.
10. GeekStyr Proprietary Rights - Trademarks and Copyrights
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential information
that is the property of GeekStyr and its licensors, and is protected by applicable
intellectual property and other laws. No rights or title of to any of the Software used in
connection with any Services provided transferred or assigned to you. You further
acknowledge and agree that content contained in advertisements or information
presented to you through the Service or advertisers is protected by copyright,
trademarks, service marks, patent, privacy, and/or other proprietary rights and laws.
Except as expressly authorized by GeekStyr or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the Service or Software, in
whole or in part, at any time. You also acknowledge GeekStyr's exclusive rights in the
GeekStyr trademark and service mark. Trademarks, service marks, logos, and
copyrighted works appearing on GeekStyr are the property of GeekStyr or the party that
provided such intellectual property to GeekStyr. GeekStyr and any party that provides
intellectual property to GeekStyr retain all rights with respect to any of their respective
intellectual property appearing on GeekStyr, and no rights in such materials are
transferred or assigned to you, in whole or in part, at any time.
11. Third Party Links
The Service may contain advertisements and promotions offered by third parties and
links to other web sites or resources. GeekStyr is not responsible for the availability (or
lack of availability) of such external websites or resources. If you choose to interact with
the third parties made available through our Service, such party’s terms will govern their
relationship with you. GeekStyr is not responsible or liable for such third parties’ terms or
actions.
12. Purchases
In App Purchases. From time to time, GeekStyr may offer products and services for
purchase (“in app purchases”) through iTunes, Google Play or other application platforms
authorized by GeekStyr (each, a“ Software Store”). If you choose to make an in app
purchase, you will be prompted to enter details for your account with your Software Store
(“your IAP Account”), and your IAP Account will be charged for the in app purchase in
accordance with the terms disclosed to you at the time of purchase as well as the general
terms for in app 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 an in app purchase, your IAP Account will continue to be
billed for the subscription until you cancel. After your initial subscription commitment
period, and again after any subsequent subscription period, your subscription will
automatically continue for an additional equivalent period, at the price you agreed to
when subscribing. If you do not wish your subscription tore new automatically, or if you
want to change or terminate your subscription, you will need to log in to your IAP account
and follow instructions to cancel your subscription, even if you have otherwise deleted
your account with us or if you have deleted the GeekStyr application from your device.
Deleting your account on GeekStyr or deleting the GeekStyr application from your device
does not cancel your subscription; GeekStyr will retain all funds charged to your IAP
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 are fund 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 in Arizona, California, Connecticut, Illinois, Iowa, Minnesota,
New York, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to
midnight of the third business day following the date you subscribed. In the event that you
die before the end of your subscription period, your estate shall be entitled to are fund of
that portion of any payment you had made for your subscription which is allocable to the
period after your death. In the event that you be come disabled (such that you are unable
to use the services of GeekStyr) before the end of your subscription period, you shall be
entitled to a ref und of that portion of any payment you had made for your subscription
which is allocable to the period after your disability by providing the company notice in the
same manner as you request a refund as described below.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
To request a refund If you subscribed using your Apple ID, refunds are handled by 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 Google Play Store account or through GeekStyr Online:
please contact customer support with your order number for the Google Play Store (you
can find the order number in the order confirmation email or by logging in to Google
Wallet) or GeekStyr Online (you can find this on your confirmation email). You may also
mail or deliver a signed and dated notice which states that you, the buyer, are canceling
this agreement, or words of similar effect. Please also include the email address or
telephone number associated with your account along with your order number.
13. 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.
14. 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 or
through or from the Service shall create a warranty not expressly stated in these TOS.
15. Personal Information
GeekStyr cautions you against giving out any personally identifying information about
yourself, your children, or any other person in any Service. In an effort top reserve your
privacy, GeekStyr agrees that it will treat any personally identifying information that you
submit through this site in accordance with the terms outlined in its Privacy Policy.
16. Disclosures Required by Law
GeekStyr reserves the right at all times to disclose any information, including personally
identifiable information about you, as necessary to satisfy any applicable law, regulation,
legal process or governmental request. GeekStyr reserves the right to fully cooperate
with any law enforcement authorities or court order requesting or directing GeekStyr to
disclose the identity of anyone posting any content, or publishing or otherwise making
available any materials that are believed to violate the TOS. GeekStyr will use
reasonable efforts to notify you in connection with any such inquiry; provided, however,
that the inquiry in question is not confidential, and further provided that GeekStyr shall
have no duty to disclose such 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.
17. Disputes
If there is any dispute about or involving GeekStyr and/or the Service, you agree that any
dispute shall be governed by the laws of the State of Texas, without regard to conflict of
law provisions. You agree to personal and exclusive jurisdiction by and venue in the state
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.
18. Indemnification
You agree, to the extent permitted under applicable law, to indemnify, defend and hold
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, or
relating in any way to your access to or use of the Service, your Content, or your breach
of this Agreement.