Geeksmart Terms of Service
Last Updated: May 1, 2006
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Geeksmart service indicates your acceptance of the amended Agreement.
Description of Service
Geeksmart is an online service offered to help people share information with one another (the "Geeksmart Service").
The Geeksmart Service is not available to minors or to any users suspended or removed from the system by Geeksmart for any reason. Users may not have more than one active account. If you do not qualify, you may not use the Geeksmart Service.
Use of Service
Your use of the Geeksmart Service is governed by this Agreement. Geeksmart may refuse service without prior notice to any user for any or no reason.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your password or account information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Geeksmart of any unauthorized use of your password or account or any other breach of security. Geeksmart cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
By contributing anything to Geeksmart you acknowledge and affirm that:
- You have full unrestricted rights to do so and are not violating any agreements or infringing upon anyone else's rights or copyrights.
- You retain full ownership, responsibility, and liability for what you contribute.
- You provide a full, unrestricted, transferable and royalty-free license to Geeksmart to use in any manner and media.
- What you contribute is either factual or clearly labeled as opinion.
- You have made a reasonable good faith effort to directly resolve any disputes or problems before posting anything to Geeksmart.
Anyone is free to use any user-contributed Geeksmart content for non-commercial purposes as long as attribution is made (a link back to the topic page will usually suffice for this). All other content is the copyright of Geeksmart, all rights reserved.
If you believe content on Geeksmart infringes your copyright, please bring it directly to the attention of Geeksmart by using the feedback form found via the feedback link on the top of every page of the site.
You agree that Geeksmart may, with or without cause, immediately suspend or terminate your Geeksmart account and access to the Geeksmart Service without prior notice. Without limiting the foregoing, the following may lead to a suspension or termination (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, (e) misuse of the Geeksmart Service, and (f) extended periods of inactivity. Suspension or termination of your Geeksmart account may include one or more of the following: (a) removal of access to all offerings within the Geeksmart Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Geeksmart Service. Further, you agree that all terminations shall be made in Geeksmart's sole discretion and that Geeksmart shall not be liable to you or any third-party for any termination of your account or access to the Geeksmart Service.
You understand and agree not to use Geeksmart to:
- Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
- Use the Geeksmart Service for any illegal purpose, including but not limited to conspiring to violate laws.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or affiliations with a person or entity, past or present.
- Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Use the Geeksmart Service as part of any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or the like.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Stalk or harass anyone.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Geeksmart Service.
- Interfere with or disrupt the Geeksmart Service or servers or networks connected to the Geeksmart Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Geeksmart Service.
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Information Provided on this Website
Access to Service
You agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses. You also agree not to "frame" or otherwise simulate the appearance or function of this website.
In the course of providing you services, Geeksmart may need to communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of the Geeksmart Service.
Monitoring and Enforcement
While we have the right to monitor activity and content associated with the Geeksmart Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or suspending or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Please remember that you can always choose to refrain from using any part of the Geeksmart Service that may expose you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
Geeksmart reserves the right to charge for the Geeksmart Service or any portion thereof, modify the pricing of, add to, change, or discontinue the Geeksmart Service or any portion thereof without prior notice.
By accepting this Agreement, you agree to indemnify, defend, and otherwise hold harmless Geeksmart, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, losses, fines, and expenses (including attorneys' fees and costs) arising out of, related to, or resulting from i) your use of the Geeksmart Service; ii) unauthorized access to or alteration of your communications with or through the Geeksmart Service, or iii) any other matter relating to the Geeksmart Service. Any activity which may arise between users from their use of Geeksmart are the sole responsibility of the users involved.
You understand and agree that Geeksmart may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or safety of Geeksmart, its users, and the public.
Disclaimer of Warranties
Geeksmart MAKES NO GUARANTEE OF VALIDITY OF INFORMATION.
YOU UNDERSTAND AND AGREE THAT THE Geeksmart SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT Geeksmart DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. Geeksmart ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. Geeksmart 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 AND NON-INFRINGEMENT.
Geeksmart MAKES NO WARRANTY THAT (I) THE Geeksmart SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE Geeksmart SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE Geeksmart SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Geeksmart SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Geeksmart SERVICE 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Geeksmart OR THROUGH OR FROM THE Geeksmart SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This Agreement constitutes the entire agreement between you and Geeksmart and governs your use of the Geeksmart Service, superseding any prior agreements between you and Geeksmart. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Geeksmart 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 Geeksmart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL Geeksmart'S TOTAL CUMULATIVE DAMAGES EXCEED $100.
The Agreement between you and Geeksmart will be governed by and construed in accordance with the laws of the State of Arizona without regard to conflict of laws principles. Any claim shall be settled by binding arbitration in Maricopa County, Arizona in accordance with the American Arbitration Association's commercial arbitration rules.
To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate Geeksmart's intellectual property rights, or may cause continuing or irreparable harm to Geeksmart (including, but not limited to, any breach that may impact Geeksmart's intellectual property rights, or a breach by reverse engineering), Geeksmart may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.
Geeksmart, the Geeksmart logo, and other Geeksmart logos and names are trademarks of Geeksmart. The section titles of this Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to us via the feedback form.