Terms and Conditions

TERMS OF USE – Updated February 26, 2014

Geek & Sundry, Inc. (“Geek & Sundry”) maintains this website (the “Website”) to provide Geek & Sundry customers and guests with information regarding Geek & Sundry’s products and services, online discussion groups and other matters of interest. Your access to and use of the Website is subject to the following Terms of Use, the provisions of our Privacy Policy and all applicable laws. By accessing the Website, you accept these conditions, all of which may be modified in Geek & Sundry’s sole discretion from time to time. You are encouraged to review these Terms of Use periodically to view the most current version. Any new features that enhance the Website shall be subject to these Terms of Use and Geek & Sundry’s other policies. You should not visit or use this Website unless you are willing to abide by these conditions.

1. User Conduct

You agree not to use the Website in a manner that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. You agree that you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or attempt to disguise the origin of anything transmitted through the Website. You will not use the Website to transmit anything that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) and you agree that you will not email or otherwise transmit anything that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party. You agree that your participation in any discussion groups through the Website will not interfere with or disrupt the servers or networks connected to the Website or violate any requirements, procedures, policies or regulations of networks connected to the Website.

When participating in online discussion groups available through the Website, you are expected to show respect to all participants and members of the Geek & Sundry community. Your responses to a particular thread should be on-topic and pertain to the discussion. Promotion of materials or services not directly related to Geek & Sundry is highly discouraged. Posting the same message to many topics or boards is considered spam.

You understand that information, data, messages or other materials transmitted are the sole responsibility of the person from whom such material originated. This means that you and not Geek & Sundry are entirely responsible for all uploads and/or emails transmitted via the Website. Under no circumstances will Geek & Sundry be liable in any way for your use of the Website, including but not limited to any errors or omissions in any information available from the Website or for any loss or damage of any kind incurred as a result of the use of the Website or any information obtained from the Website. Geek & Sundry reserves the right to modify, suspend and/or discontinue the Website, at any time, in its sole discretion.

2. Privacy

The terms of Geek & Sundry’s Privacy Policy, available for review here; also apply to any personal information that you may provide about yourself in connection with your use of the Website. This policy is subject to change from time to time in our sole discretion.

3. Termination

Geek & Sundry, in its sole discretion, may terminate your participation in the Website for any reason, but particularly if Geek & Sundry believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Geek & Sundry may also, in its sole discretion and at any time, discontinue providing the Website or any discussion board, with or without notice. You agree that any termination of your access to the Website may occur without prior notice, and you acknowledge and agree that Geek & Sundry may immediately deactivate or delete your account, if any, and all related information and files in your account and/or bar any further access to such files or the Website. Further, you agree that Geek & Sundry shall not be liable to you or any third party for any termination of your access to the Website.

4. Notices and Procedures for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Website’s legal department. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Geek & Sundry respects the intellectual property of others, and asks its users and visitors to do the same. Geek & Sundry will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Geek & Sundry will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide all of the following information:

  • a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located;
  • your address, telephone number, and email address and all other information reasonably sufficient to permit Geek & Sundry to contact you;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By mail:
Geek & Sundry, Inc.
6565 Sunset Blvd., Suite 314
Hollywood CA 90028
Attention: Copyright Claim

By Email: [email protected]
(Please include “Notice of Infringement” in the subject line.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING GEEK AND SUNDRY THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

5. Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, sponsors, suppliers, partners or advertisers (collectively “Advertisers”) found on or through your use of the Website, if any, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Advertisers. You agree that Geek & Sundry shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of such third parties participating on the Website. However, we may have access to, and use, personal information provided by you to such parties.

6. Links

The Website may contain links to other Internet websites or resources. When you link to those websites, you leave the Website and therefore Geek & Sundry’s Privacy Policy and Terms of Use no longer apply; you become subject to the practices of those companies or individuals operating the linked websites. Please use caution and review the privacy policies of any websites that you visit to learn more about their information-gathering practices. Geek & Sundry has no control over such websites, their content and resources, or the business practices or policies of their operators. Therefore Geek & Sundry expressly disclaims all responsibility or liability for the availability or accuracy of such external websites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products, or other materials on or available from such websites or resources. The inclusion of any link on the Website does not imply that Geek & Sundry endorses the linked website. Your use of the links is at your own risk. You further acknowledge and agree that Geek & Sundry shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such goods, services or materials available on or through any such link, website or resource.

7. Geek & Sundry’s Proprietary Rights

You acknowledge and agree that the Website and any necessary software used in connection with the Website (“Software”), all images, photography, graphics, artwork, text, Marks (defined below), and other information and material found within the Website or on the Website and all intellectual property relating thereto (all of which are considered “Licensed Content”) but excepting information transmitted within the Website or to the Website by any parties other than Geek & Sundry and Geek & Sundry’s employees or suppliers, is owned by Geek & Sundry or its subsidiaries or affiliates or its suppliers and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All Geek & Sundry logos, trade names, trade dress, product and service names displayed through the Website (collectively, the “Marks”) are proprietary to Geek & Sundry, its subsidiaries and affiliates. In addition, Geek & Sundry may license from third parties the right to use their marks (“Third Party Marks”). Subject to compliance with these Terms of Use, Geek & Sundry grants to you a restricted, nonexclusive, non-transferable, non-sublicenseable license to use the Website and Licensed Content solely for your personal, non-commercial use. You may not re-license, rent or lease any Licensed Content or use the Licensed Content for third-party training, commercial time-sharing or service bureau use or processing data of any other entity.

You may not sell, distribute, transfer, modify, copy, transmit, create derivative works, modify or publish the Licensed Content, with or without consideration, or otherwise use the Licensed Content except in connection with your access to and participation in the Website. Geek & Sundry grants no rights other than those granted explicitly herein and hereby reserves and retains all worldwide title, copyright and other proprietary rights in the Website and Licensed Content, including all updates and modifications thereto.

8. Consent and Release

For adequate consideration received, you hereby give Geek & Sundry, any parent, and their direct and indirect subsidiaries and affiliates and those acting with its authority (collectively, “Geek & Sundry Parties”) the absolute, unrestricted, irrevocable and worldwide right, with respect to any information concerning you, including your name and biographical and employment information, and any photographic image made of you, or any work product created by you (including text material and photograph), and whether digital or otherwise (collectively, the “Information”):

(a) to display, reproduce, broadcast, publish, edit, modify or prepare derivative works or otherwise use the information, in whole or in part, individually or in connection with, or as a composite of other photographs or other matter, including text, data, images, illustrations, animation graphics, in video or audio segments of any nature, on any and all of any Geek & Sundry Parties’ marketing materials, websites or in any other public or private medium, including all formats of print, computer readable electronic, magnetic, digital, laser or optical based media (the “Work”) and for any purpose whatsoever, including but not limited to product promotion and advertising (the “Permitted Use”);

(b) to register the copyright of the Information and any Work in the name of any Geek & Sundry Parties or any other names that it may choose; and

(c) to use and permit your name to be used in connection with the Information and any Work, whether an original or modified form as Geek & Sundry so chooses.

You hereby release and discharge the Geek & Sundry Parties and their agents, employees, officers, shareholders, successors and assigns from any and all claims and demands you may now or hereafter have arising out of or in connection with the Permitted Uses of the Information or any Work, including, without limitation, any and all claims related to the right of privacy, right of publicity, libel, slander, defamation, and any and all claims and/or demands for royalties associated therewith.

You agree that there shall be no obligation to utilize the authorization granted by you hereunder. The terms of this authorization shall commence on the date this consent and release is transmitted to Geek & Sundry hereof and will be unlimited and irrevocable. This consent and release shall also inure to the benefit of the legal representatives, licensees and assigns of Geek & Sundry as well as any parties that recorded or otherwise assisted in the publication of the Permitted Uses of the Information and any Work.

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GEEK & SUNDRY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE.

(b) GEEK & SUNDRY MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GEEK & SUNDRY OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR GEEK & SUNDRY’S PRIVACY POLICY.

GEEK & SUNDRY ASSUMES NO RESPONSIBILITY FOR ANY FAILURE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY INFORMATION, TIMELINESS, DELETION, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR DATA. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GEEK & SUNDRY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GEEK & SUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT BY YOU OR ANY THIRD PARTY IN ANY DISCUSSION BOARD; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW PROACTIVE RELEASE FROM LIABILITY, THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, IT IS EXPRESSLY UNDERSTOOD that Section 1542 of the Civil Code of California provides as follows:

1542. (Certain Claims not Affected by General Release): “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If in any way applicable, the parties agree that the benefits of the provisions in SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR FEDERAL OR STATE STATUTE ARE HEREBY WAIVED by the parties and each of them acknowledge and agree that this release will be delivered in the state of California and that this waiver is an essential and material term of this release.

10. Notices

Notices to you may be made via either email or regular mail. Notice or other correspondence to Geek & Sundry should be mailed to:

Geek & Sundry, Inc.
6565 Sunset Blvd., Suite 314
Hollywood CA 90028
Attention: Terms of Use

11. General Information

These Terms of Use together with the Geek & Sundry Privacy Policy, constitute the entire agreement between you and Geek & Sundry and govern your use of the Website, superseding any prior agreements between you and Geek & Sundry. These Terms of Use and the relationship between you and Geek & Sundry shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Geek & Sundry agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles County, State of California. The failure of Geek & Sundry to exercise or enforce any right or provision stated herein shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other terms of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the Website or these Terms of Use within one (1) year after such claim or cause of action arose or be forever barred. The section titles stated herein are for convenience only and have no legal or contractual effect.

These Terms of Use apply to this Website and other websites operated by Geek & Sundry’s affiliated companies.

References in these Terms of Use shall refer to Geek & Sundry and each Geek & Sundry affiliated company which utilizes these Terms of Use on its website, and references in these Terms of Use to the “Website” shall refer to any website on which these Terms of Use appear.

By submitting information through or using the Website, you agree to the terms of these Terms of Use. If you do not agree to be bound by the terms of the Website, you should not use the Website.

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