Effective Date: January 1, 2007
Welcome to the Geek-Weekly.com. The following Terms of Service (TOS) contain the terms and conditions that govern your use of the Web Site and Geek-Weekly.com Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the Geek-Weekly.com Service. If you do not read, understand, and agree to all of the TOS, you may not use the Web Site.Geek-Weekly.com reserves the right to add to, delete or change these TOS because of frequent changes in Internet technology and applicable law. As such, you should check these TOS from time to time for such changes.
1. Use of the Web Site and Geek-Weekly.com Service.
1.1 Eligibility. Geek-Weekly.com will only knowingly provide the Geek-Weekly.com Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Geek-Weekly.com Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Geek-Weekly.com Service is not intended for children under the age of 13.
1.2 Compliance With TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Geek-Weekly.com Service and the Web Site.
1.3 Your License to Use the Web Site and the Geek-Weekly.com Service.
(a) Geek-Weekly.com solely and exclusively owns all intellectual property and other right, title and interest in and to the Geek-Weekly.com Service and Web Site, except as expressly provided for in these TOS. You will not acquire any right, title or interest therein under these TOS or otherwise.
(b) Geek-Weekly.com grants you a limited revocable license to access and use the Web Site and the Geek-Weekly.com Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by Geek-Weekly.com; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, Geek-Weekly.com may revoke the license granted to you.
2. General Rules.
2.1 Prohibited Use. Except as may be expressly permitted by Geek-Weekly.com, you may not: (i) interfere with the Geek-Weekly.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Geek-Weekly.com Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an internet search engine, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Geek-Weekly.com Service; (v) impersonate another person or entity; (vii) engage in any activity that interferes with another user’s ability to use or enjoy the Geek-Weekly.com Service.
3. General Rules.
3.1 Description. As part of the Geek-Weekly.com Service, Geek-Weekly.com offers a service that allows you to upload images and video, to the Web Site to create, produce and purchase Products featuring the uploaded Content for your own use as well as the use of LiquidClips in the form of downloads or bundled media.
3.2 Delivery of Content. You will upload or deliver to Geek-Weekly.com (when service is available all Content that you want to use in accordance with the applicable instructions on the Web Site. Geek-Weekly.com may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use on this site.
3.3 Licensing Your Content to Geek-Weekly.com. You will retain ownership of the Content that you upload to the Web Site. You hereby grant to Geek-Weekly.com a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as Geek-Weekly.com deems necessary.
4. Reservation of Rights.
4.1 Monitoring. Geek-Weekly.com reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Web Site. If Geek-Weekly.com determines, in its sole and absolute discretion, that you or another Geek-Weekly.com user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, Geek-Weekly.com may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
4.2 Modification of the Service. Geek-Weekly.com may modify the Geek-Weekly.com Service at any time with or without notice to you, and will incur no liability for doing so.
5. Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (Submissions), you grant Geek-Weekly.com permission to use such submissions for marketing and other promotional purposes. You agree that Geek-Weekly.com will have no obligation to keep any Submissions confidential and you will not bring a claim against Geek-Weekly.com based on moral rights or the likes arising from Geek-Weekly.com’s use of a Submission.
6. Disclaimers, Exclusions, and Limitations.
6.1 DISCLAIMER OF WARRANTIES. GEEK-WEEKLY.COM PROVIDES THE WEB SITE AND GEEK-WEEKLY.COM SERVICE ON AN AS IS AND AS AVAILABLE BASIS. GEEK-WEEKLY.COM DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, GEEK-WEEKLY.COM SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. GEEK-WEEKLY.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
6.2 EXCLUSION OF DAMAGES. GEEK-WEEKLY.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE GEEK-WEEKLY.COM SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY GEEK-WEEKLY.COM TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
7. Indemnification. You must indemnify and hold Geek-Weekly.com and its employees, representatives, agents, affiliates, directors, officers, and managers (the Parties) harmless from any damage, loss, or expense (including without limitation, attorneys fees and costs) incurred in connection with any third-party claim, demand or action (Claim) brought against any of the Parties alleging that you have breached any of these TOS. If you have to indemnify Geek-Weekly.com under this Section, Geek-Weekly.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Geek-Weekly.com’s express written permission.
10.1 Termination. Geek-Weekly.com may suspend or terminate your use of the Web Site or Geek-Weekly.com Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.
10.2 Survival. These TOS will survive indefinitely unless and until Geek-Weekly.com chooses to terminate them.
10.3 Effect of Termination. If you or Geek-Weekly.com terminates your use of the Web Site or the Geek-Weekly.com Service, Geek-Weekly.com may delete any Content or other materials relating to your use of the Geek-Weekly.com Service on Geek-Weekly.com’s servers or otherwise in its possession and Geek-Weekly.com will have no liability to you or any third party for doing so.
9. Miscellaneous. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New York without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of Geek-Weekly.com. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Geek-Weekly.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.