Geeknet, Inc. owns and operates the internet sites Geek.net and ThinkGeek.com (the "Sites"), provides the information and services on the Sites to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use applicable to such Sites. Your use of any of the other Sites constitutes agreement with the terms and conditions of use set forth herein (the "Terms"). By using Geeknet Sites, you agree to be bound by these terms and conditions. Geeknet reserves the right, at Geeknet's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, Geeknet intends to provide users with up to fourteen days of advance notice). Your continued use of the Geeknet Sites following the posting of changes to these Terms will mean that you accept those changes. Use of Geeknet Sites constitutes full acceptance of and agreement to the Terms; if a user does not accept Geeknet's Terms, he or she is not granted rights to use Geeknet Sites as defined herein, and should refrain from accessing Geeknet Sites. Geeknet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all Geeknet Sites (or any part thereof). Geeknet shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
By using Geeknet Sites, you warrant to Geeknet that you will not use Geeknet Sites, or any of the content obtained from Geeknet Sites, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Geeknet Sites automatically terminates.
The Geeknet Sites are owned and operated by Geeknet for the purpose of selling cool stuff (the "Purpose").
Use, reproduction, modification, and other intellectual property rights to data stored on the Geeknet Sites will be subject to licensing arrangements that may be approved by Geeknet as applicable to such Content.
You agree not to sell, resell, or offer for any commercial purposes, any portion of the Geeknet Sites, use of the Geeknet Sites, or access to the Geeknet Sites.
Geeknet, any Geeknet Site or a third party may provide links to other websites. Geeknet exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. Geeknet shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk. The Geeknet Sites' Privacy Statement is applicable only when you are on an Geeknet Site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
Each user shall indemnify, defend and hold harmless Geeknet, and its parent corporation and affiliates and their respective officers, employees and agents, and each of Geeknet's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the Geeknet Sites; his or her submission, posting or transmission of Content or his or her violation of the Terms. EACH USER'S USE OF THE Geeknet SITES IS AT HIS OR HER SOLE RISK. THE Geeknet SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND Geeknet ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Geeknet 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. SPECIFICALLY, Geeknet MAKES NO WARRANTY THAT (i) THE Geeknet SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF Geeknet'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, Geeknet 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 Geeknet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY Geeknet SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Geeknet SITES; OR ANY OTHER MATTER RELATING TO THE Geeknet SITES. IN NO EVENT SHALL Geeknet'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. 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. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN Geeknet AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, Geeknet DOES NOT AND CANNOT CONTROL THE ACTIONS OF Geeknet SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO Geeknet SITES. OPERATION OF Geeknet SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY Geeknet. Any claim or cause of action arising out of or related to use of the Sites or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Geeknet, the Geeknet logo and other Geeknet trademarks, service marks, and product and service names are Geeknet trademarks or registered trademarks in the United States and in other countries (the "Geeknet Marks"). All other names and designs may be trademarks of their respective owners. Users may display or use the Geeknet Marks only in accordance with Geeknet's Trademark Use Guidelines posted at http://geek.net/trademark-usage.
Geeknet respects the intellectual property rights of others, and requires that the people who use the Geeknet Sites do the same. It is our policy to respond promptly to claims of intellectual property misuse. Our procedures for responding to alleged copyright infringement are consistent with the form suggested by the United States Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office web site http://www.copyright.gov/legislation/dmca.pdf. Please note that you will be liable for damages (including costs and attorneys' fees) if you make any material misrepresentations when making or countering a copyright infringement claim. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
a. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
b. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Geeknet to locate the material (e.g., URL).
c. Information reasonably sufficient to permit Geeknet to contact you, such as name, postal address, telephone number, and, if available, an email address at which you may be contacted.
d. Include the following statement: "I have a good faith belief that use of the material described above in the manner complained of is not authorized by the copyright owner, its agent, or the law."
e. Include the following statement: "The information in the notification is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
f. A physical, electronic or digital signature, in a form reasonably acceptable to Geeknet, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. Send written communication to the following contact:
Attn: Legal Services, DMCA Notifications
11216 Waples Mill Rd., Suite 100
Fairfax, VA 22030
Fax: (650) 425-3798
i. Send electronically-signed communication to firstname.lastname@example.org A copy of your notice (with your personal contact information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.
After receiving a notification of alleged infringement, Geeknet will remove or disable access to the material claimed to be infringing or claimed to be the subject of infringing activity. At the same time, Geeknet will provide the project administrator(s) of the affected project or the provider of affected material with a copy of the notice. The administrator of an affected project or the provider of affected material may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in the counter notification. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, the administrator of an affected site or the provider of affected material must provide a written communication (by fax, postal mail, overnight mail, or, when digitally-signed, by email) that sets forth the items specified below. (A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.) To expedite our ability to process your counter notification, please use the following format (including section numbers):
a. Identify the material that Geeknet has removed or to which Geeknet has disabled access and the location at which the material appeared before it was removed or access to it was disabled.
b. Provide your name, postal address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district Fairfax County, Virginia (if your address is outside of the United States, for any judicial district in which Geeknet may be found), and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.
c. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
d. Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to Geeknet.
e. Send written communication to the following address:
Attn: Legal Services, DMCA Notifications
11216 Waples Mill Rd., Suite 100
Fairfax, VA 22030
Fax: (650) 425-3798
f. Send electronically- or digitally-signed communication to email@example.com Upon receipt of a counter notification in substantial compliance with the DMCA, Geeknet will provide the person who provided the initial notification of claimed infringement with a copy of the counter notification promptly. After receipt of the counter notification, Geeknet will generally replace the removed material and cease disabling access to it, unless Geeknet's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material.
The Terms constitute the entire agreement between each user and Geeknet and govern each user's use of Geeknet Sites, superseding any prior and contemporaneous agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and Geeknet shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions and the parties agree that they venue for any dispute arising hereunder shall be the federal courts located in Alexandria, Virginia, or state courts located in Fairfax, Virginia. If any provision of the Terms 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 provisions of the Terms remain in full force and effect. Geeknet reserves the right to share or transfer personally identifiable information and aggregate information to a third party should Geeknet ever file for bankruptcy or in the event of a sale, merger or acquisition of Geeknet.
Please report any violations of the Terms (except for claims of intellectual property infringement) to the Geeknet Site Director at firstname.lastname@example.org.
Last modified: 10/15/2012