This Agreement is subject to change by Designers + Geeks at any time, effective upon posting on the Websites. Your continued use of the Websites and the Service following Designers + Geeks’s posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by MediaChow LLC from time to time, such modifications to be effective upon posting by Designers + Geeks on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
1. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
2. Eligibility. You must be at least eighteen (18) years of age to use the Service.
3. Commercial Use of Service. If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
Illegal and/or unauthorized uses of the Websites and/or services include, but are not limited to, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites and/or Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of Designers + Geeks, which may be revoked at any time, for any reason, in Designers + Geeks’s sole discretion.
4. Account Security. You may sign up for Designers + Geeks one of two ways: (a) You may sign up for our newsletter by submitting your email address via the Websites; or (b) You may purchase tickets to Designers + Geeks events via our pages on Eventbrite. Regardless of how you sign up, you are responsible for maintaining the confidentiality of your username and password, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Designers + Geeks of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Designers + Geeks will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Designers + Geeks account.
5. Your Use of the Websites
a. You must not copy or capture, or attempt to copy or capture, any Content from the Websites or any part of the Websites, unless given express permission by Designers + Geeks.
c. You must not use any Content in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.
d. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
e. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Websites, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.
f. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites.
g. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content on the Websites.
h. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
i. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
j. You must not rent, sell or lease access to the Websites, or any Content on the Websites.
k. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
l. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Designers + Geeks employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
m. You must not sell or transfer, or offer to sell or transfer, any Designers + Geeks account to any third party without the prior written approval of Designers + Geeks.
n. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
6. Term. This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership and/or subscription at any time by contacting us at email@example.com. If you resign or cancel your membership to Designers + Geeks, to help Designers + Geeks analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. Designers + Geeks may terminate your membership for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Designers + Geeks. All decisions regarding the termination of accounts shall be made in the sole discretion of Designers + Geeks. Designers + Geeks is not required to provide you notice prior to terminating your membership. Designers + Geeks is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
7. Modifications to Service. Designers + Geeks reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Designers + Geeks shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. Blocking of IP Addresses. In order to protect the integrity of the Services, Designers + Geeks reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites.
9. Content on Designers + Geeks. Designers + Geeks retains all proprietary rights in the Websites and the Service. The Websites contain the copyrighted material, trademarks, and other proprietary information of Designers + Geeks, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Designers + Geeks is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Designers + Geeks and for Designers + Geeks Members' use only. Distribution of Content to others is strictly prohibited. You agree that Designers + Geeks would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Designers + Geeks shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
You acknowledge and agree that any Content you upload to the Websites (“Your Content”) shall be owned wholly and solely by MediaChow LLC. MediaChow LLC shall have the sole right to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service or elsewhere. If you wish to maintain ownership of Your Content, do not upload it to the Service. This section shall have no effect on Section 14 (“Liability for Content”), below.
10. Billing; Charges on Your Account
b. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE PAYMENT INFORMATION. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY DESIGNERS + GEEKS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE DESIGNERS + GEEKS ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT DESIGNERS + GEEKS MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY DESIGNERS + GEEKS).
c. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
d. Refunds. To request a refund or credit, please email us at firstname.lastname@example.org. We will make every reasonable effort to resolve your complaint to your satisfaction; however, we cannot guarantee that you will receive a refund or other monetary compensation.
11. Taxes. You acknowledge and agree that you are solely responsible for paying any taxes that are required as a result of your activity on the Websites, including without limitation any use, sales, consumption, value added, or excise taxes, as well as any other required payments such as duties and levies (collectively, the "Taxes"). We cannot and will not give you legal advice regarding which Taxes you need to pay as a result of your activities on the Websites, and we disclaim all liability arising from your payment of Taxes or your failure to do so.
12. Restrictions on Use of Materials. You acknowledge that Designers + Geeks contains certain content, including but not limited to text, images, audio and video content (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and Designers + Geeks (or, in some cases, one or more third parties) owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on the Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
13. Copyright Policy. Designers + Geeks prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, if you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please contact us email@example.com or MediaChow LLC, Legal Department, 340 S. Lemon Ave #4460, Walnut, CA 91789. When contacting us, please make sure that you include the following information:
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. Section 512(c), please also include the following:
The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark rights, please report this to us by email at firstname.lastname@example.org.
Designers + Geeks will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
Designers + Geeks and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Designers + Geeks or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Designers + Geeks at its sole discretion.
17. Limitation of Liability. In no event shall Designers + Geeks be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof, or any event listed or sold thereon (the “Events”). Nothing contained in this Websites or in any written or oral communications from Designers + Geeks or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and Service, as well as the Events offered for sale thereon, are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Designers + Geeks makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service, as well as your attendance at any Event, is at your sole risk. UNDER NO CIRCUMSTANCES SHALL DESIGNERS + GEEKS, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, OR FROM ANY EVENT HOSTED OR SOLE THEREON, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF DESIGNERS + GEEKS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL DESIGNERS + GEEKS HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES, SERVICE, OR EVENTS, INCLUDING, BUT NOT LIMITED TO: INJURY; DEATH; PROPERTY DAMAGE; MENTAL DISTRESS; LOST PROFITS; LOST DATA; LOSS OF GOODWILL; INFRINGEMENT OF COPYRIGHTS, TRADEMARKS, OR OTHER INTELLECTUAL PROPERTY; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF DESIGNERS + GEEKS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Designers + Geeks and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites, Service, or Events shall be limited to monetary damages that in the aggregate may not exceed the greater of $50.00 or the sum of any amount paid by the Member or user to Designers + Geeks during the six months prior to notice to Designers + Geeks of the dispute for which the remedy is sought.
18. Indemnity by You. You agree to indemnify and hold Designers + Geeks, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
a. your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
c. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Designers + Geeks.
19. Attorney Fees. In the event that Designers + Geeks is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Designers + Geeks’s attorneys' fees and costs.
20. Parental or Guardian Permission. Some of the Content on this Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THIS WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE DESIGNERS + GEEKS THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
22. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of California with the same force and effect as if such service had been made within the State of California. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
23. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of California, County of. San Francisco, or the United States District Court for the Northern District of California. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of California, County of San Francisco, or the United States District Court for the Northern District of California.
24. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
26. Entire Agreement. This Agreement contains the entire agreement between you and Designers + Geeks regarding the use of the Websites and/or the Service.
27. Severability; Waiver. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Designers + Geeks’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Designers + Geeks’s ability to enforce such term at any point in the future.
28. Headings. The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Please contact us with any questions regarding this agreement. Designers + Geeks is a trademark of MediaChow LLC.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.