Terms and Conditions
Updated January 2023.
We are very happy to have you on board. Thank you for choosing to use our services.
Below, we list important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary for the protection of you and us and to make our services possible and more enjoyable for everyone. Geek Lab. offers a wide range of services and features and some of the following terms may not be relevant to the specific services you use.
We understand that the legal terms can be tiring to read and we have tried to make the experience more enjoyable. If you have any suggestions on how we can improve them, you can contact our email: [email protected].
INTRODUCTION
Our purpose
Our services offer our users the ability to easily create a beautiful, attractive and highly functional online presence, manage and promote business, content and ideas and have a great experience doing so, without being a technology expert or design guru. As detailed below, we provide our Users with numerous tools and features to create, publish and use websites, e-commerce platforms, newsletters, galleries, media players, mobile applications and other impressive applications, tools and services for online and mobile use. (The websites and online and mobile platforms created by Users are collectively referred to herein as "User Platforms").
Legal agreement
These Geek Lab Terms of Use ("Terms of Use"), together with additional terms that apply specifically to certain of our services and features presented on the Geek Lab Websites ("Geek Lab Website", and collectively - the "Geek Lab Terms"), together with the full terms and conditions applicable to each visitor or user ("User" or "you") of the Geek Lab website and/or any other service, or feature offered by us in connection with the subject matter hereof, except where we specifically state otherwise (all services offered through the Geek Lab website are owned by you).
The Geek Lab Terms of Use constitute a binding and enforceable legal agreement between Geek Lab and its worldwide affiliates and subsidiaries ("Geek Lab" or "we" or "us") and you in connection with your use of any Geek Lab Services, so please read them carefully.
You may visit or use the Geek Lab Services only if you fully accept the Geek Lab Terms, and by using or registering for any of the Geek Lab Services, you signify and affirm your consent to these Terms of Use and any other Geek Lab Terms applicable to your use of the Geek Lab Services If you do not read, fully understand and accept the Geek Lab Terms, you must immediately exit the Geek Lab website and refrain or discontinue use of any of the Geek Lab Services.
By using our Services, you acknowledge that you have read our Privacy Policy available on Geek Lab ("Privacy Policy").
By visiting our website or using our application and/or services, you are entering into a legal contract with us, consisting of these Terms of Use and the legal terms of our additional services.
By using our services, you agree to these terms and acknowledge that you have read our Privacy Policy. You may not use our services if you do not agree to all of our terms.
User account
To access and use certain sections and features of the Geek Lab Services, you must first register and create a Geek Lab account ("User Account").
If anyone other than you accesses your User Account or any of the User Platform settings, they may perform the actions available to you (unless specifically stated otherwise in the Geek Lab Services), make changes to your User Platform(s) and User Please note and agree to the legal terms available therein, make representations, warranties and more, and all such activities will be deemed to have occurred in your name and on your behalf. Therefore, we place great emphasis on encouraging you to maintain the confidentiality of your User Account login credentials and to allow such access only to persons you trust, because you will be solely and fully responsible for all activities occurring on your User Account or User Platform(s) (including any representations, warranties and undertakings made therein),
You must provide accurate and complete information when registering your User Account and using Geek Lab's services, to which you have sole and exclusive rights. We strongly encourage you to provide your own (or your company's) contact and billing information, including your valid email address, because we may use it to identify and determine the person who actually and truly owns the User Account and/or User Content (as defined below) that you have provided to us.
In the event of a dispute over the ownership of a User Account, we reserve the right to determine the ownership of a User Account in our reasonable discretion, whether or not we have conducted an independent investigation. However, if we are unable to make this determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing ownership have reached a resolution, without liability to you or any other party. We may ask you for certain documentation (e.g., government-issued identification, a license to conduct business) to assist us in determining ownership. Among others, we may consider the principles set forth below.
Geek Lab shall consider as the owner of a User Account, User Platform or User Content created or uploaded to the relevant Geek Lab Services, the person or entity that has access to the email address recorded in the records of such User Account under which such User Platform or User Content was created.
If the Paid Services were purchased through a User Account, Geek Lab will consider the owner of such User Account, and/or the relevant User Platform and/or User Content created thereunder, to be the person or entity whose billing information was used to purchase these Paid Services ("Billing Information").
Notwithstanding the foregoing, where applicable, if a User Platform is connected to an external domain name (whether imported or purchased as part of certain Paid Services, as defined below), and the registration information for such domain name is publicly available through the WHOIS database available. on the Website or in Geek Lab's database, ownership of such User Platform will be deemed to belong to the individual or entity registered as the registrant of such domain name. In the event that both an individual and an organization are registered as the registrant or organization registering such domain name, Geek Lab shall consider the organization to be the actual owner of the domain name and, therefore, the owner of the User Platform connected to such domain name. In the event that the Billing Information indicates an individual as the owner of the User Platform and the domain registration indicates a different owner, Geek Lab will consider the individual registered as the owner of the domain connected to the Geek Lab Account to be the owner of the User Platform.
Notwithstanding the foregoing, Geek Lab shall have the right to determine ownership of User Content or a User Platform of its choosing, even if it ignores the directions set forth herein, in the event Geek Lab believes, in its sole discretion, that the situation warrants such determination, all based on the factual situation as determined by Geek Lab.
YOUR OBLIGATIONS
You represent and warrant that:
you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction and have the legal authority, right and freedom to enter into the Geek Lab Terms to form a binding agreement, by yourself or on behalf of the person or entity submitted by you to the Geek Lab Terms; your country of residence or country of incorporation is the same as the country specified in the contact or billing address you provide; you understand that Geek Lab does not provide legal advice or recommendations regarding any laws or regulations applicable to your or any of your End Users' use of or compliance with them; AND with respect to User Content:
you confirm that you have all rights to any content uploaded or provided by you or imported, copied or uploaded by Geek Lab on your behalf, to your User Platform ("User Content"), including designs, images, animations, videos, audio files, fonts, logos, code, artwork, compositions, illustrations, interfaces, user names, information you provide for the purpose of creating a subdomain name, text, literary works and any other material ("Content"), or otherwise have (and will continue to have) all power, title, licenses, consents and authority, and User Content, as necessary to lawfully access, import, copy, use, publish, transfer or license the User Content; by you and by us or any of our affiliates, has (and will retain) full power, title, licenses, consents and authority to permit Geek Lab to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using your User Content.
User Content is (and will remain) true, current, accurate, does not infringe the rights of any third party and is in no way unlawful for you to upload, import, copy, post, publish, transmit, display or otherwise use , in the country where you or visitors and users of your User Platform ("End Users") reside, or for Geek Lab or its End Users to access, import, copy, upload, use or possess in connection with Geek Lab; has obtained all necessary consents and permissions under all applicable laws in connection with the recording, transmission and publication of any personal information and/or the image or likeness of any person, entity or property that is part of the User Content, and that it adheres to all relevant applicable laws.
You agree and accept
Fully comply with all applicable laws and contractual terms governing your use of the Geek Lab Services (and any related interactions or transactions), including laws specific to you or your End Users in any of your geographic locations; you shall be solely responsible for any and all uses of the Geek Lab Services that occur under your User Account or your User Platform(s) and any User Content (including the consequences of accessing, importing, uploading, copying, using, or posting such User Content on or in connection with the Geek Lab Services); store and back up your User Content and the information you are processing with respect to your User Platform on a regular and independent basis, including with respect to End Users, User Products and Third Party Applications or Services used by you; receive from time to time promotional messages and materials from Geek Lab or its partners, by mail, email or any other form of contact you may provide (including your phone number for calls or text messages). If you do not wish to receive these promotional materials or notices, simply let us know at any time; to permit Geek Lab to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Geek Lab's marketing and promotional activities, online or offline, and to modify them as reasonably necessary for such purposes, and waives any claim against Geek Lab or anyone acting on Geek Lab's behalf, with respect to past, present or future moral rights, artist's rights or any other similar rights throughout the world that you may have in or to your User Platform with respect to such limited permitted uses.
Geek Lab's sole discretion as to the means, manner and method of providing the Geek Lab Services, those related to the hosting, transmission, publication or display of any Platform or User Content (including the inclusion and display of advertisements or other commercial content in connection therewith).
Geek Lab shall have the right to offer the Geek Lab Services in alternative pricing plans and impose different restrictions on uploading, storing, downloading and use of the Geek Lab Services in each pricing plan, including but not limited to restrictions on network traffic and bandwidth size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.
You agree and undertake not to:
copy, modify, reuse, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Geek Lab website, the Geek Lab Services (or any part thereof) , any Content offered by Geek Lab or Third Party Services for use and display on the User Platforms ("Licensed Content") or any part thereof in any manner, publicly display, perform, transmit or distribute any of the foregoing without the specific prior written consent of Geek Lab or as otherwise expressly permitted under Geek Lab's terms.
Post, transmit or display any User Content or use the Licensed Content in a context that could be considered defamatory, libelous, slanderous, obscene, harassing, threatening, inflammatory, abusive, racist, offensive, deceptive or fraudulent, that encourages criminal or harmful conduct, or that violates the rights of Geek Lab or any third party (including intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise portrays any person, entity or brand in a negative or derogatory manner, without their express prior consent.
Use any illegal action to collect login data and/or passwords from other websites, third parties, software or services, use phishing, collect, upload or make available credit card information or other forms of financial data used to receive payments, unless done in accordance with any applicable law, including PCI DSS where applicable, upload, post, collect or otherwise make available on the Geek Lab website or Geek Lab services (or any part thereof) any harmful, unlawful, libelous, defamatory or obscene content, post or make use of the Geek Lab Services or Licensed Content on any website, media, network or system other than those provided by Geek Lab, or use a frame, "deep link", "page scraper", mirror, or create a browser or border environment around any of the Geek Lab Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Geek Lab in advance and in writing; use any "robot", "spider" or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Geek Lab Services (or its data and/or content), or in any way reproduce or circumvent the navigational structure or presentation of any Geek Lab Service for the purpose of obtaining or attempting to obtain any materials, documents, services or information through any means not intentionally made available through Geek Lab.
Acting in a manner that may be perceived as detrimental to Geek Lab's reputation and goodwill or that may cause Geek Lab to Lab sea discredited or damaged; purchase keywords from search engines or other pay-per-click (e.g., Google AdWords), or domain names using Geek Lab or Geek Lab Marks or variations and misspellings thereof; impersonate any person or entity, or give false information about Geek Lab's services and/or the User Platform, either directly or indirectly, or engage in any manipulation to disguise your identity or the origin of any message or transmission you send to Geek Lab or end users; falsely state or misrepresent your affiliation with any person or entity, or falsely state or imply that Geek Lab or any third party endorses you, your User Platform, your business, your User Products or any claim you make.
Reverse lookup, tracing or attempting to trace another User of the Services Geek Lab, jamming with or violate the privacy or other rights of another User, or collect or compile personally identifiable information about visitors or users of the Geek Lab Services and/or the User Platform without their express and informed consent; disable, circumvent or bypass any of the measures used to prevent or restrict access to the Services Geek Lab, the User's platform, other users' accounts or other systems or networks connected to the Geek Lab Services, by hacking, password mining or other unlawful or prohibited means; investigate, scan or test the vulnerability of Geek Lab or any network connected to Geek Lab; upload to the Geek Lab Services and/or the User Platform, or otherwise use them to design, develop, distribute or transmit or otherwise execute, any virus, worm, Trojan horse, time bomb, web bug, spyware, malware or any computer code, file or program that is intended or designed to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other code or component that is actually or potentially harmful, disruptive or invasive; take any action that imposes an unreasonable or disproportionately large load on Geek Lab's infrastructure, Geek systems Lab o networks connected to Geek Lab services, or otherwise interferes with or disrupts the operation of any Geek Lab services or the servers or networks that host or make them available, or disobeys the requirements, procedures, policies or regulations of such servers or networks; use any of the Geek Lab Services and/or the User Platform in connection with any form of spam, junk mail, fraud, scam, phishing, "chain letters," "pyramid schemes" or similar conduct, or engage in unethical marketing or advertising; access any of the Geek Lab Services, Licensed Content and/or User Content, by any means or technology ("scraping" or "crawling") other than our publicly supported interfaces, sell, license or exploit for any commercial purpose any use of or access to the Licensed Content or Geek Lab Services, except as expressly permitted by Geek Lab's terms; remove or alter any copyright information, watermarks, restrictions and proprietary notices of any of our licensors, including copyright or trademark notices [® or ™] contained on or accompanying the Services and/or Geek Lab Licensed Content; or violate, attempt to violate or otherwise violate any of the Geek Lab Terms or any law or regulation applicable to your use of the Geek Lab Services.
Access or use the Services to perform similar competitive benchmarking or analysis or to create a competitive product or service.
You acknowledge and agree that failure to comply with any of the foregoing or any misrepresentation made by you herein may result in immediate termination of your User Account or any of the Services provided to you, with or without notice and without any refund of amounts paid. those Services.
CONTENT AND OWNERSHIP
Your intellectual property
As between Geek Lab and you, you must own all intellectual property related to your User Content and any other material created by you, including that of any designs, images, animation, video, audio files, fonts, logos, artwork, compositions, illustrations, code, interfaces, text and literary works. Geek Lab does not claim ownership of your content. For the sole purpose of providing the service, you acknowledge and agree that we will need to access, upload and/or copy your User Content on our platform, including cloud services and CDNs, to perform viewing configurations, to duplicate them for backup purposes. and perform any other technical actions and/or uses necessary for the provision of your services, as we deem necessary.
Intellectual property of Geek Lab.
All right, title and interest in and to the Geek Lab Services, including any and all copyrighted materials or any other content therein that is or may be subject to intellectual property rights under any applicable law (including artwork, graphics, images, website templates). and widgets, literary works, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the Geek Lab "look and feel", methods, products, algorithms, data, features and interactive objects, advertising and procurement tools and methods, inventions, trade secrets, logos, domains, custom URLs, trademarks, service marks, trade names and other proprietary identifiers. whether registered or unregisterable (collectively, "Intellectual Property"), and any derivations thereof, are owned or licensed by Geek Lab.
Subject to your full compliance with Geek Lab's Terms of Service and timely payment of all applicable fees, Geek Lab grants you, upon creation of your User Account and for as long as you wish Geek Lab to offer the Services, a non-exclusive, non-transferable, non-sublicensable, non-sublicensable, limited and fully revocable to use the Digital Services and Geek Lab Licensed Content for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, only as expressly permitted in the Geek Lab Terms, and only within the Geek Lab Services.
The Geek Lab Terms do not convey any right or interest in the Geek Lab Intellectual Property (or any part thereof), except for the limited license set forth above. Nothing in the Geek Lab Terms constitutes an assignment or waiver of Geek Lab Intellectual Property rights under any law.
Comments and suggestions
If you provide us with suggestions, comments or other information regarding the Geek Lab Services (whether existing, suggested or contemplated), which are or may be subject to intellectual property rights ("Feedback"), such Feedback shall become the exclusive property of Geek Lab. By submitting such Comments, you acknowledge and agree that they may be used to (i) continue to develop, customize and improve the Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or custom related news and/or interview requests, which may or may not be based on your feedback, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) generate consolidated statistical data and other consolidated and/or inferred information, which Geek Lab may use to provide and improve its services, (vi) enhance data security and fraud prevention capabilities, and (vii) comply with all applicable laws and regulations. In addition, you (1) represent and warrant that such Comments are accurate, complete and do not infringe the rights of any third party; (2) irrevocably assign to Geek Lab any right, title and interest you may have in such Comments; and (3) expressly and irrevocably waive any and all claims relating to past, present or future moral rights, artists' rights or any other similar rights throughout the world in such Comments. complete and not infringe the rights of any third party; (2) irrevocably assign to Geek Lab any right, title and interest it may have in such Comments; and (3) expressly and irrevocably waive any and all claims relating to past, present or future moral rights, artists' rights or any other similar rights throughout the world in such Comments. complete and not infringe the rights of any third party; (2) irrevocably assign to Geek Lab any right, title and interest it may have in such Comments; and (3) expressly and irrevocably waive any and all claims relating to past, present or future moral rights, artists' rights or any other similar rights throughout the world in such Comments.
INTIMACY
Certain portions of the Geek Lab Services (including certain third party Services available therein) require or involve the submission, collection and/or use of certain personally identifiable or personally identifiable information. In particular, and as part of accessing or using the Geek Lab Services, and such third party Services may collect, access and use certain data relating to Users and End Users, including activities or browsing performed by Users and End Users through Geek Lab and/or User Platforms. We encourage you to regularly read our policies and the corresponding policies of each of these Third Party Services for a description of such data collection and use practices.
SERVICE CHARGES
Paid services
Use of certain Geek Lab Services may be subject to payment of particular fees, as determined by Geek Lab in its sole discretion ("Paid Services" and "Fees," respectively). Geek Lab will provide notice of such fees currently in effect for these Paid Services. If you wish to receive or use these Paid Services, you must pay all applicable fees in advance.
Geek Lab reserves the right to change its rates at any time, without notice if such changes may affect your existing subscriptions. If you have received a discount or other promotional offer, Geek Lab shall be entitled to automatically renew without notice your subscription to such Geek Lab Services at the Full Rate.
All Rates are quoted in U.S. dollars, unless otherwise specifically stated in writing by Geek Lab. To the extent permitted by law (and unless otherwise specified in writing by Geek Lab), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed. by taxing authorities ("Taxes"), and you will be responsible for payment of all Taxes in connection with your use of the Geek Lab Services, or payments or purchases you make. If Geek Lab is required to collect or pay Taxes on fees payable by you, and if such Taxes were added to and collected from you for previous transactions, such Taxes may be added to the outstanding fee payment and will be reflected on the invoice for such transaction. We recommend that you check for additional fees that may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal of Paid Services (such as international transaction fees, currency exchange rates, or bank or credit card company fees). Geek Lab is not responsible for any such additional charges or costs.
As part of registering or submitting information to receive Payment Services, you also authorize Geek Lab (either directly or through its affiliates, subsidiaries or third parties) to request and collect payment (or collect, refund or otherwise perform any other billing action.) ) from our payment provider or your designated bank account, and to make any inquiries Geek Lab or its affiliates deem necessary to validate your designated payment account or financial information, to ensure timely payment, as well as to receive updated payment details from your payment provider, credit card or bank account (e.g., updated expiration date or card number as may be provided by your credit card company).
Invoices Geek Lab or its affiliates will issue an invoice or credit note for any Fee payment or refund made to Geek Lab ("Invoice"). Each Invoice will be issued in electronic format and will be based on the country listed in your billing address and will be available to you through your User Account or by email.
In order to issue the bill, you may be required to provide certain personal information (as that term is defined in the Privacy Policy) to comply with local laws. Please note that the bill in your user account may be inappropriate for local law requirements and, in such cases, may be used for pro forma purposes only.
Automatic subscription renewal
To ensure that you do not experience any interruption or loss of certain Paid Services, the Paid Services include a default automatic renewal option, so unless you turn off the automatic renewal option, such Paid Services will automatically renew at the end of the subscription. term, for a renewal period of the same length as the original subscription period.
(with the exception of extended periods). For example, if the original subscription period for a Service is one month, each of your renewal periods (as applicable) will be one month. Therefore, as applicable, Geek Lab will automatically attempt to charge you the applicable Fees. using the payment method you have on file with Geek Lab, within two (2) weeks prior to the actual start of such renewal period. In the event that we are unable to collect Fees due from you, we may, in our sole discretion (but are not obligated to) re-attempt collection at a later time, or suspend or terminate your User Account, without prior notice to you. If your Paid Service is subject to an annual subscription period,
You can disable the automatic renewal option or cancel your Paid Services at any time in your User Account or by visiting the Geek Lab Help Center.
Certain domains are subject to a different renewal policy as detailed in the Domain Name Registration Agreement. Notwithstanding anything to the contrary in the foregoing, you are and shall remain solely responsible for verifying and ensuring the successful renewal of the Geek Lab Services that you use (regardless of whether the Geek Lab Services are subject to automatic subscription renewals). Accordingly, you will be solely responsible for any interruption of Geek Lab Services previously purchased by you, including due to cancellation, if recurring Fees are not charged or due to the fact that some of the Geek Lab Services are not subject to automatic subscription renewals. You acknowledge and agree that you shall have no claim against Geek Lab in connection with the discontinuance of any of the Geek Lab Services or Third Party Services for any reason whatsoever.
Money back guarantee
If you are dissatisfied with Geek Lab. Services. subject to a service term commitment or subscription fee and which is your initial purchase of such service, you may notify us of cancellation for any reason within thirty (30) days after the date you first ordered or activated such Services (the "Refund" AND "Refund Period").
The Rebate only applies to the initial purchase of the Services, which is an upgrade to a free website by purchasing a Plan. The Rebate does not apply to additional purchases, upgrades, modifications or renewals of the Geek Lab Services. If you reside in a jurisdiction that requires a longer refund period, we will, of course, be happy to comply with such requirements, in accordance with all applicable laws. If Geek Lab receives such notice within the Refund Period, it will refund you the amount it actually charged you for the Services, in the currency originally charged, and cancel them accordingly. Please note that the refund amount may differ from the amount you were charged due to changes in exchange rates and third party fees. Geek Lab will not be responsible for any difference caused by changes in exchange rates or fees charged by third parties. After the refund period, fees paid by you are non-refundable and non-cancelable. Additionally,
Please note: Some services purchased on or through Geek Lab may not be refundable. These include third party services such as domains, commercial tools and applications. Geek Lab will not refund amounts paid for non-refundable paid services, applications or third party services.
Chargebacks If at any time we record a denial, chargeback or other denial of a chargeback of Fees due on your Geek Lab account ("Chargeback"), this will be deemed a breach of your payment obligations hereunder, and use of the Services may be automatically disabled or terminated.
In the event of a Chargeback, your User Account may be blocked without the option to re-purchase or re-use it, and the data contained in such User Account, including domains, applications and third party Services may be subject to termination and Loss of Capability
Your use of the Geek Lab Services will not resume until you re-subscribe to the Services and pay the applicable charges in full, including all fees and expenses incurred or any Third Party Services for each Chargeback received (including Fees for Services provided prior to chargeback charges, handling and processing and expenses incurred by the payment processor).
If you have any questions or concerns regarding a payment made to Geek Lab, we encourage you to first contact our Customer Service team before submitting a Chargeback or payment reversal, to avoid cancellation of the Services and blocking of your User Account, and to Avoid unwarranted or erroneous submission of a Chargeback, which may result in you being liable for applicable Fees, in addition to the refund of all fees applicable to the Services purchased (and chargebacks) by you.
We reserve the right to dispute any Chargeback received, including providing the applicable credit card company or financial institution with information and documentation demonstrating that the User responsible for such Chargeback actually authorized the transaction and used the services subsequently provided.
CANCELLATION
Cancellation by the user
You may stop using and request cancellation of your User Account or the Geek Lab Services at any time in accordance with the instructions available on the Services. The effective date and time for such cancellation will be the date and time you have completed the cancellation process for the Services and the effective date of cancellation for the Paid Services will be the end of the subscription period for the Paid Services.
Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to the Paid Services, such subscription will be suspended only upon expiration of the respective period for which you have already made payment. Please note that as the process may take a few days, in order to avoid the next automatic renewal and the respective charge, the cancellation request must be made at least thirty (30) days prior to the expiration of the current service period.
Cancellation by Geek Lab
Failure to comply with any of the Geek Lab Terms or failure to pay any Fees due will give Geek Lab the right to suspend (until payment is made in full) or terminate your User Account and the User Platform (or certain features thereof), as well as the provision of related Services (e.g., Paid Services) or Third Party Services to you.
Loss of data, content and capacity.
If your User Account or any Geek Lab Services or third party Services related to your User Account are terminated (whether at your request or in your discretion), this may cause or result in the loss of certain content, functions or capabilities of your User Account, including any User Content, End User Data or other User Data maintained therein, and any backup or domain name registration that was included in such Services ("Loss of Capabilities"). Geek Lab shall not be liable in any way for any such Loss of Capability, or for maintaining a backup copy of your User Account, User Content or End User Data. Please also note that additional fees may apply to reactivation of a User Account or the Services after termination, as determined by Geek Lab in its sole discretion.
E-COMMERCE
The Geek Lab Services also include certain features that allow you to sell merchandise, content, media and services through your User Platform ("User Products" and collectively - "E-Commerce").
You are solely responsible for your User Products and activities related to E-Commerce and any related promotions and Content included or referenced on your User Platform and compliance with applicable laws. We simply provide the platform for you to manage your online e-commerce activities. We are not involved in your relationship or any transaction with any actual or potential purchaser of your User Products. When someone purchases your User Products, payments for that transaction will be processed through the third party payment service providers with whom you have chosen to register and set up an account ("E-Commerce Service Providers"), in accordance with that E-Commerce Service Provider's Terms of Service and other applicable policies.
By using any of our e-commerce features, you acknowledge, warrant and agree that:
You shall be solely and fully responsible for all taxes and fees of any nature related to your e-commerce activities, including taxes related to the purchase or sale of the User's products, and for collecting, reporting and remitting the correct amounts to the appropriate authorities and/or informing your End Users thereof and providing them with a properly issued invoice as required by law.
All taxes indicated by the e-commerce functions provided by Geek Lab are provided for illustrative purposes only and cannot be relied upon in any way.
You shall be responsible for and bear all costs of acquiring and delivering your User Products and for providing them in a safe and professional manner, in accordance with industry standards.
You are solely responsible for any and all representations and promises you make, and for all assistance, warranty and support with respect to the User Products, and will provide true contact information on your User Platform for questions, complaints or claims.
You may not offer or sell any User Products or provide any information, Content or material on the User Products that may be deemed dangerous, false, counterfeit, stolen, fraudulent, offensive or abusive; prohibited from sale, distribution or use; or otherwise not in compliance with applicable laws, including laws regarding consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and - You may not use the User Products for any purpose other than the purpose for which they are intended.
Geek Lab may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Product, whether incorporated, published or made part of your User Platform at that time, without any liability to you or End Users, including any Loss of Capability as a result.
THIRD-PARTY SERVICES.
The Geek Lab Services allow you to engage and purchase certain third-party services, products and tools to enhance your User Platform and your overall user experience, including, but not limited to, domain registrars from whom you may purchase a domain name for your User Website, third-party applications and widgets offered through the Geek Lab Website. Third-party licensed content, media distribution services, e-commerce service providers, tangible product providers, third-party designers who may assist you with your user platform, etc.
You acknowledge that such services may require payment of additional amounts to Geek Lab and/or the providers of such third party Services.
Any and all use of such Third Party Services is solely at your own risk and responsibility and may be subject to the legal and financial terms governing such Third Party Services, which we recommend that you review prior to engaging such Third Party Services.
Although we hope to avoid such instances, Geek Lab may, at any time and in its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) or the Services, any of the third party. services, whether or not they are incorporated into or form part of your User Account or User Platform(s) at that time, without any liability to you or end users.
MISCONDUCT AND COPYRIGHT
Misconduct and abuse
By using the Geek Lab Services, you may be exposed to User Platform, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or unlawful. You hereby waive any legal or equitable rights or remedies you have or may have against Geek Lab with respect thereto.
If you believe that a User or any Third Party Service has acted inappropriately or misused any of the Geek Lab Services, report that User or Third Party Service to us immediately. You agree that your report will not impose any liability or obligation on Geek Lab and that we may consider such report and act upon it, refrain from any action or require additional information or documents before doing so, in its sole discretion.
Copyright Geek Lab If you believe that your work has been copied or used in a way that constitutes copyright infringement, you may notify us of this infringement or provide our designated Copyright Agent with the following information in writing (1) contact information for the person authorized to act on behalf of the copyright owner; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim is infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Geek Lab to locate the material (including the URL you are referring to); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
In the event Geek Lab receives notice of a copyright infringement related to your User Account or the User Platform, it may terminate your User Account, disable your User Platform or remove any Content at its discretion, with or without notice.
DISCLAIMER OF WARRANTIES
We provide the Geek Lab Services "as is," "with all faults" and "as available," without warranties of any kind, including implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranties, all to the fullest extent permitted by law. Specifically, we do not represent or warrant that the Geek Lab Services (or any part, feature or content thereof) are complete, accurate, of certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your end users') activities, devices, operating systems, browsers, software or tools contemplated (or that they will remain as such at any time), or that they will comply with any applicable laws for you or your End Users (including in any jurisdiction in which you operate), or that their operation is free of viruses, bugs or other harmful components or program limitations. In addition, we do not endorse any entity, product or service (including any third-party Services) mentioned on or available through the Geek Lab Services, so be sure to check before using or engaging them in any way.
Geek Lab may, in its sole discretion (but shall have no obligation to do so), screen, monitor or edit any User Platform or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary set forth above, in no event shall Geek Lab be deemed the "Publisher" of any User Content, shall in any way endorse any User Content, and assumes no responsibility or liability for any User Content uploaded, posted and/or made available by any User or any other person on or through the Geek Lab Services, for any use by any party, or for any loss, deletion or damage to or from any User or any other person, posted and/or made available by any User or any other person on or through the Geek Lab Services, for any use by any party, or for any loss, deletion or damage to or for any loss, damage, cost or expense you or others may suffer or incur as a result of or in connection with posting, accessing or relying on any User Content. In addition, Geek Lab will not be liable for any error, defamation, libel, slander, falsehood, obscenity, pornography, solicitation or any other illegal or infringing User Content that you or others may encounter.
You acknowledge that there are risks involved in using the Geek Lab Services, connecting or dealing with any Third Party Services through or in connection with the Geek Lab Services, and that you cannot and do not guarantee or warrant the specific results of such use or interactions, and you hereby assume all risks, liabilities or damages of any kind incurred in connection with or arising from such interactions. Such risks may include, but are not limited to, misrepresentation of information on and by Third Party Services or Licensed Content, breach of warranty or contract, violation of rights and any consequential claims.
Geek Lab does not recommend the use of its Services for the hosting of personal content and will not assume any obligation or risk of security or integrity with respect to the breach or damage of any content.
LIMITATION OF LIABILITY
To the fullest extent permitted by law in each applicable jurisdiction, neither Geek Lab nor its officers, directors, shareholders, employees, affiliates and/or agents shall be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damages. of any kind, including damages resulting from (1) errors, inaccuracies or incompleteness of any content; (2) personal injury or property damage related to the use of the Services; (3) any unauthorized access to or use of our servers or any personal or other information stored thereon; (4) any interruption or cessation of transmission to or from the Services; (5) the use or viewing of any Content or User Content posted, emailed, transmitted or made available through the Services; or (6) events beyond Geek Lab's reasonable control, including Internet failures, equipment failures, power failures, strikes, labor disputes, riots, riots, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic strife, government actions, orders of courts, agencies and tribunals or the failure of others; and (7) loss of use, data, profits, goodwill or other intangible losses, as a result of the use or inability to use any of Geek Lab's services. agencies and courts or the failure of others to enforce them; and (7) loss of use, data, profits, goodwill or other intangible losses, as a result of the use or inability to use any of Geek Lab's services. agencies and courts or the failure of others to enforce them; and (7) loss of use, data, profits, goodwill or other intangible losses, as a result of the use or inability to use any of Geek Lab's services.
You acknowledge and agree that these limitations of liability are agreed-upon allocations of risk that constitute in part consideration for Geek Lab's services to you.
IMMUNITY
You shall defend, indemnify and hold harmless Geek Lab, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including attorneys' fees) arising out of: (1) your violation of any of these Terms of Use or any other of the Geek Lab Terms; (2) your violation of any third party rights, including copyright, access rights, proprietary or privacy rights, resulting from your User Platform or User Content, or your use of the Geek Lab Services; including, without limitation, actions by the Geek Lab Services for your benefit; and/or (3) any claim that your User Platform and/or Geek Lab User Content has caused damage to a third party.
GENERAL
General information
Geek Lab reserves the right to change, suspend or terminate any of the Geek Lab Services (or the features or pricing applicable thereto) and/or terminate your access to any of the Services (including removing any material created by you in connection with the Geek Lab Services) for any reason and/or to modify any of the Geek Lab Terms with or without notice, at any time and in any manner. You agree that Geek Lab shall not be liable to you or to any third party for any modification, suspension or discontinuance of such Services.
If such changes involve the payment of additional Fees, we will notify you of such Fees prior to activating those specific changes. If you fail or refuse to pay such Fees, we may (in our sole discretion) terminate your User Account to continue to support Geek Lab.
Applicable Law and Jurisdiction; Class Action Waiver
Geek Lab's terms, the rights and remedies provided under this warranty and any and all claims and disputes relating to these Rules or Geek Lab's services, their interpretation, or the breach, termination or validity thereof, the relationships resulting from or under the Geek Lab Terms , or any related transaction or purchase, shall be governed, construed and enforceable in all respects, solely and exclusively, by the internal substantive laws of Geek Lab's place of business.
Notifications
We may provide notices to you by any of the following methods: (1) through the Geek Lab Services, including a banner or pop-up window on the website, user account or elsewhere; (2) by email, sent to the email address you provided to us; or (3) by any other means, including any telephone number or physical address or number you provide to us. Geek Lab's notice to you will be deemed received and effective within twenty-four (24) hours after it is posted or sent to you by any of the above methods, unless otherwise stated in the notice.
Relation
The Geek Lab Terms and your use of the Services are not and should not be construed as creating a partnership, joint venture, employer-employee, agency or franchisor-franchisee between you and Geek Lab.
Contract integrity
These Terms of Use, together with the Geek Lab Terms and any other legal notices or payment notices we send to you, shall constitute the entire agreement between you and Geek Lab on the subject matter hereof and supersedes any other agreements, understandings, prior or contemporaneous promises, conditions, negotiations, understandings or representations, whether oral or written, between you and Geek Lab, including those made by or between any of our respective representatives, with respect to any of the Geek Lab Services. You further agree that you are not relying on any promises, inducements, representations, statements, disclosures or disclosure obligations by Geek Lab in agreeing to any of the terms.
Assignment
Geek Lab may assign its rights and/or obligations under this Agreement or transfer its rights and title to the Geek Lab Services and/or the Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without Geek Lab's prior written consent. Any attempted or actual assignment thereof without the prior express written consent of Geek Lab shall be null and void.
Divisibility and exemptions
If any provision of the Geek Lab Terms is determined by a court of competent jurisdiction to be invalid, illegal, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
No waiver of any breach or default of any of the Geek Lab Terms shall be deemed a waiver of any preceding or subsequent breach.
Communicating with customer service
To contact our customer service, please use the following option:
Send an email to: [email protected].