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.
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:
Geek & Sundry, Inc.
6565 Sunset Blvd., Suite 314
Hollywood CA 90028
Attention: Copyright Claim
By Email: firstname.lastname@example.org
(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.
7. Geek & Sundry’s Proprietary Rights
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.
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.
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
11. General Information