are effective as of today, AUGUST 11, 2020 and govern your access and use of the The Geek Cartel ltd www.thegeekcartelhq.com website or any mobile applications made available by The Geek Cartel ltd. (collectively, the The Geek Cartel ltd services
THESE TERMS ALSO CONTAIN AN AGREEMENT TO ARBITRATE IN THE SECTION BELOW TITLED “ DISPUTE RESOLUTION ” WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST [The Geek Cartel ltd], Ltd. TO BINDING AND FINAL ARBITRATION.
If you do not agree to all of the terms and conditions of these Terms, or you do not have such authority, or you do not meet the eligibility requirements, you should cease any and all access or use of the [The Geek Cartel ltd] Services.
ACCESS TO THE [The Geek Cartel ltd] SERVICES
[The Geek Cartel ltd] hereby grants you a non-exclusive, non-transferable, revocable, limited license, without the right to grant or authorize sublicenses, to use the [The Geek Cartel ltd] Services, provided that you will use the [The Geek Cartel ltd] Services only as permitted by these Terms.
YOU UNDERSTAND AND AGREE THAT:
1. You are responsible for any activity that occurs under your username name or is associated with your account. You are responsible for keeping your username and password secure.
2. You are solely responsible for your conduct and any and all information or material including, without limitation, data, text, images, usernames, graphics, photos, profiles, audio and video clips, links (otherwise known as “ Content ” ) that you submit, post, and display on or through the [The Geek Cartel ltd] Services.
3. Violation of any of these Terms will result in the immediate termination of your account.
4. While [Picturebookapp] prohibits certain conduct and content on its [The Geek Cartel ltd] Services, [The Geek Cartel ltd] does not monitor, and [The Geek Cartel ltd] is not responsible for, user Content or activities of the users of the [The Geek Cartel ltd] Services.
5. Use the [The Geek Cartel ltd] Services only for personal purposes (you may not use them for commercial purposes).
1. Use the [The Geek Cartel ltd] Services for any illegal or unauthorized purpose.
2. Modify or adapt the [The Geek Cartel ltd] Services, or create or modify another website or mobile application so as to falsely imply that it is associated with [Picturebookapp] or the [The Geek Cartel ltd] Services.
3. Attempt to gain unauthorized access to the [The Geek Cartel ltd] Services or its systems or networks, or access [The Geek Cartel ltd] ‘ s private API by any means other than in compliance with rules we set on API access.
4. Crawl, scrape, or otherwise cache any content from the [The Geek Cartel ltd] Services, including but not limited to user profiles and photos.
5. Spam or submit any unwanted email or comments to any users of the [The Geek Cartel ltd] Services.
6. Use web URLs in your username without prior written consent from [The Geek Cartel ltd].
7. Transmit any worms, viruses, or other destructive code.
8. Resell or charge others for use of or access to the [Picturebookapp] Services.
9. Duplicate, reproduce, transfer, give access to, copy or distribute any part of the [The Geek Cartel ltd] Services in any medium without [The Geek Cartel ltd] ’ s prior written authorization.
10. Attempt to reverse compile, reverse engineer, alter, make derivative works of, disassemble, or modify any part of the [The Geek Cartel ltd] Services.
11. Access any part of the [PictThe Geek Cartel ltdurebookapp] Services in order to build a similar or competitive service.
12. Interfere with or disrupt the integrity or performance of the [The Geek Cartel ltd] Services or data.
SOME BASIC RIGHTS OF [The Geek Cartel ltd]
WE RESERVE THE RIGHT, FOR ANY REASON AND WITHOUT NOTICE AT ANY TIME, TO:
1. Modify or terminate the [The Geek Cartel ltd] Services.
2. Refuse or deny access to the [The Geek Cartel ltd] Services to anyone.
3. Force forfeiture of any username including, but not limited to, a username that becomes inactive, violates the trademark or legal claim of a third party, or misleads other users.
4. Remove any Content and/or accounts in our sole discretion. Examples of accounts and Content we endeavor to remove include accounts with Content that is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party ’ s intellectual property or these Terms.
CONTENT ON [The Geek Cartel ltd]
Your content is yours. [The Geek Cartel ltd] does not claim any ownership rights in the Content that you, other users, or third parties post on or through the [The Geek Cartel ltd] Services (collectively, ” User Content ” ).
THE RIGHTS YOU GRANT TO [The Geek Cartel ltd]
By displaying or publishing ( “ posting ” ) any Content on or through the [The Geek Cartel ltd] Services, you grant to [The Geek Cartel ltd] a non-exclusive, fully paid and royalty-free, worldwide, sublicenseable, transferable, limited license to use, modify, delete, add to, publicly perform, publicly display, reproduce and translate that Content, including without limitation distributing, through multiple tiers, part or all of the Site in any media formats through any media channels for any purposes.
SAVING AND SHARING.
The [The Geek Cartel ltd] Services allow you to (1) keep Content private from the community by only saving to your Gallery, (2) share your Content with the [PictureboThe Geek Cartel ltdokapp] Community by uploading it to [The Geek Cartel ltd], or (3) share your Content with third-party services like Instagram, Facebook, Youtube, Twitter, Snapchat and others.
1. Content you keep private. When you post to [The Geek Cartel ltd] but do not share publicly, your Content is not made available to the [The Geek Cartel ltd] community or to third parties. However, if the image has been uploaded to [The Geek Cartel ltd], our staff is able to see it. We endeavor to keep your private Content private, but please keep in mind that no technology is 100% secure, and it is possible that unauthorized third parties could defeat our security measures and access your private Content. Please note that if you make Content public and later switch it to private or delete it, we may not be able to remove it from the [The Geek Cartel ltd] Services.
2. Content you share with the [The Geek Cartel ltd] community. When you post to the [The Geek Cartel ltd] community, your Content is made available to the public. This typically means that anyone who is following your account can see it, as well as anyone who searches for the hashtag(s) with which you label the Content. It also means that your Content might be featured in our apps or website, or appear in our emails or other communications.
3. Content you share with third parties. When you share your Content through a third-party service that is integrated with the [The Geek Cartel ltd] Services (such as Instagram, Facebook, or Twitter), you authorize us to deliver the Content (or a version that we ’ ve modified, as needed) to that third-party service. This means that the third-party service ’ s handling of your Content will be subject to its own agreement with you, for which we are not responsible.
4. Hashtags and co-creation. Most hashtags are descriptive of Content, but some hashtags have developed meaning within the [The Geek Cartel ltd] community. For example, the hashtag #freetoedit means that the user is irrevocably allowing other users to duplicate, create, and distribute derivative works of the tagged Content – this fosters a community of co-creators that work collaboratively. Also, we occasionally run promotions that users enter using various hashtags that change the nature of the license you grant in Content. [The Geek Cartel ltd] does not guarantee that promotions will receive proper marketing that votes and tallies are accurate, or be reported properly.
5. Stickers: Stickers as part of your Content are yours and [The Geek Cartel ltd] does not claim any ownership rights. You may delete any of your Stickers anytime, however, if you have applied any of your Stickers on an image and posted it out to [The Geek Cartel ltd] Community, those Stickers will stay on service. Please also note, that when you post any Sticker to the [The Geek Cartel ltd] Community or send it via messaging system, you irrevocably consent to extend the rights for the Stickers ’ use by the [The Geek Cartel ltd] Community under the “ free to edit ” terms, as defined above.
6. Hardware, Software, and Modification. Except for User Content, [The Geek Cartel ltd] owns the actual bits and bytes of data on its servers. You have no property or other interest in those bits and bytes, or to any [Picturebookapp] servers, infrastructure, or the Services we offer. Also, [The Geek Cartel ltd] performs technical functions necessary to offer the [The Geek Cartel ltd] Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the [The Geek Cartel ltd] Services.
[The Geek Cartel ltd] CONTENT.
The Geek Cartel ltd Services contain Content owned by [The Geek Cartel ltd] and its licensors (collectively the “ [The Geek Cartel ltd] Content ” ). [The Geek Cartel ltd] Content is protected by copyright, trademark, patent, trade secret and other laws, and [The Geek Cartel ltd] and its licensors own and retain all rights in the [The Geek Cartel ltd] Content and [The Geek Cartel ltd] owns and retains all interest and rights in and to the [The Geek Cartel ltd] Services. [The Geek Cartel ltd] hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to reproduce and display the [Picturebookapp] Content (excluding any software code) for your non-commercial personal use solely in connection with your use of the [The Geek Cartel ltd] Services. This means that you can make your own Content that uses certain [The Geek Cartel ltd] Content (e.g., clipart) and use it for non-commercial purposes, but you may not use the clipart specifically (or frames or other [The Geek Cartel ltd] Content) in other programs or applications. When you purchase [The Geek Cartel ltd] Content, you receive a personal non-commercial license to use the Content; you do not own [The Geek Cartel ltd] Content.
Certain [The Geek Cartel ltd] Content may be subject to additional fees or charges. You acknowledge and agree that your purchase of any such [The Geek Cartel ltd] Content is restricted to the purchase and sale of a license to such [The Geek Cartel ltd] Content, and shall not convey ownership of any such [The Geek Cartel ltd] Content or intellectual property rights to you.
DO NOT STEAL ANYONE ’ S CONTENT.
You must observe copyright and other intellectual property laws of the United States and your country. You may not copy someone else ’ s work and display it elsewhere, or claim it as your own, or make a small change and claim it as your own, etc. Except as provided within this Agreement and under intellectual property laws, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any [The Geek Cartel ltdp] Content or User Content or any other third party Content appearing on or through the [The Geek Cartel ltd] Services except as expressly permitted by the holder of the rights in that Content. You represent and warrant that:
1. You own the Content posted by you on or through the [The Geek Cartel ltd] Services or otherwise have the right to grant the license set forth in this section.
2. The posting and use of your Content on or through the [Picturebookapp] Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and the posting of your Content on the [The Geek Cartel ltd] Services does not result in a breach of contract between you and a third party.
3. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the [The Geek Cartel ltd] Services being in violation of this section.
None of the [The Geek Cartel ltd] Services is supported by advertising revenue and so may not display any advertisements and promotions during the use of the app. You only agree that [The Geek Cartel ltd] may send you notifications about, or in conjunction with your app coming from [The Geek Cartel ltd] only.
DIGITAL MILLENNIUM COPYRIGHT ACT
[The Geek Cartel ltd] specifically prohibits users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through the [Picturebookapp] Services any material that infringes any proprietary rights of any person or entity, including copyrights. [The Geek Cartel ltd] will remove any and all [The Geek Cartel ltd] Content or User Content if properly notified that such [The Geek Cartel ltd] Content or User Content infringes another ’ s intellectual property rights. We respond to notices of copyright infringement in compliance with the Digital Millennium Copyright Act and have a policy of terminating repeat infringers in appropriate circumstances. To learn more about [The Geek Cartel ltd] ’ s policy regarding intellectual property infringement or to report a claim, please see our DMCA policy, available at: www.picturebookapp.com/dmca.
There may be occasions when the [The Geek Cartel ltd] Services are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment. [The Geek Cartel ltd] encourages you to maintain your own backup of your User Content. In other words, [The Geek Cartel ltd] is not a backup service.
THIRD PARTY LINKS
The [The Geek Cartel ltd] Services may contain links to independent third-party websites and services (collectively, “ Third Party Sites ” ). Third Party Sites are not under The Geek Cartel ltd ’ s control, and [The Geek Cartel ltd] does not endorse, is not responsible for, and shall have no liability to you with respect to the business practices, privacy practices, or content including, without limitation, any and all materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Third Party Sites. If you access any Third Party Site, you acknowledge and agree that you do so at your own risk and that it is your responsibility to read and understand the privacy, membership, payment and other policies of the Third Party Sites and to determine whether or not you will have any interaction with any of those sites.
DISCLAIMER OF WARRANTIES
THE [The Geek Cartel ltd] SERVICES AND [The Geek Cartel ltd] CONTENT ARE PROVIDED ON AND “ AS IS, ”” AS AVAILABLE ” AND “ WITH ALL FAULTS ” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, [The Geek Cartel ltd] MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE [The Geek Cartel ltd] SERVICES; (B) THE The Geek Cartel ltd] CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO [The Geek Cartel ltd] OR VIA THE [The Geek Cartel ltd] SERVICES. [The Geek Cartel ltd] HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SATISFACTORY PURPOSE.
[The Geek Cartel ltd] DOES NOT REPRESENT OR WARRANT THAT THE [The Geek Cartel ltd] SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT USER CONTENT MARKED AS PRIVATE WILL NOT BECOME PUBLIC; THAT DEFECTS WILL BE CORRECTED; OR THAT THE [The Geek Cartel ltd] SERVICES ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. [The Geek Cartel ltd] DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY USER CONTENT OR [The Geek Cartel ltd] CONTENT) AVAILABLE ON OR THROUGH THE [The Geek Cartel ltd] SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF The Geek Cartel ltd SERVICES IS AT YOUR SOLE RISK. The Geek Cartel ltd DOES NOT WARRANT THAT YOUR USE OF THE [The Geek Cartel ltd] SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND [The Geek Cartel ltd] SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
YOU SPECIFICALLY ACKNOWLEDGE THAT [The Geek Cartel ltd] DOES NOT ENDORSE ANY USER CONTENT OR OTHER THIRD PARTY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER ARISING OR RESULTING FROM ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER CONTENT), INTERACTIONS BETWEEN USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [The Geek Cartel ltd], ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, COST OF COVER, LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES WHATSOEVER ARISING OR RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON OR THROUGH THE[The Geek Cartel ltd] SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE [The Geek Cartel ltd] SERVICES, INCLUDING, WITHOUT LIMITATION, MAKING PRIVATE CONTENT PUBLIC OR ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE [The Geek Cartel ltd] SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF [The Geek Cartel ltd] SERVICES AND/OR ANY AND ALL PERSONAL, PRIVATE, AND/ OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE [The Geek Cartel ltd] SERVICES OR THROUGH THE [The Geek Cartel ltd] SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE [The Geek Cartel ltd] SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE [The Geek Cartel ltd] SERVICES AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING [The Geek Cartel ltd CONTENT OR USER CONTENT) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT (INCLUDING USER CONTENT) OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE [PICTUREBOOKAPP] SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT [PICTUREBOOKAPP] IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL [The Geek Cartel ltd] ’ S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE [PICTUREBOOKAPP] SERVICES, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
APPLICATION OF LIMITATIONS AND DISCLAIMERS
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the exclusions set forth in immediately preceding paragraphs above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in the Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in the Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
You acknowledge that [The Geek Cartel ltd] does not control the interactions between any user and you, nor does [The Geek Cartel ltd] control or monitor any User Content. You acknowledge and agree that [The Geek Cartel ltd] does not assume any responsibility or liability for User Content generated by you or any user of the [The Geek Cartel ltd] Services posted anywhere, including without limitation, personally identifiable information posted publicly, or the conduct of you or any user, and you bear the entire risk of your continued use of the [The Geek Cartel ltd] Services, including your interactions with other users. You agree that [The Geek Cartel ltd] will not be responsible for any claim, loss, liability, personal injury (including death), damage, cost or expense (including attorneys ’ fees), incurred as the result of or relating to any User Content, or any interactions with other users or third parties, including disputes between you and other users regarding User Content, user dissemination of your User Content or any other User Content, and any and all other disputes or conflicts arising from your use of the [The Geek Cartel ltd] Services.
If there is a claim or dispute between you and any other user or third party, [The Geek Cartel ltd] is under no obligation to become involved. You understand and agree that [The Geek Cartel ltd] is not responsible or liable in any way for any communication, actions, or conduct between you and other users. You, on behalf of you and your heirs, successors and assigns, hereby release and forever discharge [The Geek Cartel ltd], and its affiliates, employees, contractors, agents, successors, and assigns, from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to the Terms, your use of the [Picturebookapp] Services, any User Content, or any of your interactions with other users or third parties. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “ A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. ”
You agree to defend (at [The Geek Cartel ltd] ’ s request), indemnify and hold [The Geek Cartel ltd] and its affiliates, directors, officers, employees, contractors, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney ’ s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities in connection with the [The Geek Cartel ltd] Services or those conducted on your behalf): (i) your User Content or your access to or use of the [The Geek Cartel ltd] Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by [The Geek Cartel ltd] in the defense of any claim. [Picturebookapp] reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of [The Geek Cartel ltd].
Although the [The Geek Cartel ltd] Services may be accessible worldwide, [The Geek Cartel ltd] makes no representation that the materials and/or content made available in connection with the [The Geek Cartel ltd] Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this [The Geek Cartel ltd] Services from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this [The Geek Cartel ltd] Services is void where prohibited. BY ACCESSING OR USING THE [The Geek Cartel ltd] SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE [PICTUREBOOKAPP] SERVICES.
Users may not download, use, export or re-export any materials or Content (including User Content and The Geek Cartel ltd Content) posted or submitted on or through the The Geek Cartel ltd Services or any software utilized or available in connection with the [The Geek Cartel ltd] Services in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations and controls.
GOVERNING LAW AND VENUE
CHANGES TO THESE TERMS
The Geek Cartel ltd reserves the right to alter these Terms at any time in its sole discretion. If the alterations constitute a material change to these Terms, [The Geek Cartel ltd] will notify you by posting the updated Terms to the The Geek Cartel ltd Website. Your continued use of the The Geek Cartel ltd Services after such notification of changes to the Terms will constitute your agreement and acceptance to such changes. If you object to any change, your sole recourse shall be to immediately terminate your account and cease using The Geek Cartel ltd Services. You agree to review the The Geek Cartel ltd Website periodically for any such changes to the Terms.
QUESTIONS OR ADDITIONAL INFORMATION
COPYRIGHT DISPUTE POLICY
[Picturebookapp] has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA. The address of [Picturebookapp] ’ s Designated Agent to Receive Notification of Claimed Infringement ( “ Designated Agent ” ) is listed at the end of this policy.
It is [The Geek Cartel ltd] ’ s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENTS:
If you believe that material or content residing on or accessible through The Geek Cartel ltd Web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that The Geek Cartel ltd is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law;
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. ONCE PROPER BONA FIDE INFRINGEMENT NOTIFICATION IS RECEIVED BY THE DESIGNATED AGENT:
It is The Geek Cartel ltd ’ s policy:
to remove or disable access to the infringing material as of the date of notice;
to notify the content provider, member or user that it has removed or disabled access to the material;
that repeat offenders will have the infringing material removed from the system and that [Picturebookapp] will terminate such content provider ’ s, member ’ s or user ’ s access to the service.
C. PROCEDURE TO SUPPLY A COUNTER-NOTICE TO THE DESIGNATED AGENT:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner ’ s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the content provider, member or user;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material;
Content provider ’ s, member ’ s or user ’ s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider ’ s, member ’ s or user ’ s address is located, or if the content provider ’ s, member ’ s or user ’ s address is located outside the United States, for any judicial district in which The Geek Cartel ltd is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, The Geek Cartel ltd may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at The Geek Cartel ltd ’ s discretion.
Please contact The Geek Cartel ltd ‘ s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Requests for Support or to ‘ Remove Account ’ or ‘ Reset Password ’ should be sent to email@example.com. Support emails sent to DMCA may not be replied to.
THE WHAT & HOW OF INFORMATION WE COLLECT
We collect information that you voluntarily provide to us. For example, we collect your name, user name, email address, social network information and other information you provide us when you register, set up an account, contact us by e-mail or use our services. We may also obtain information from other companies and combine that with information we collect on The Geek Cartel ltd Service; for example, when you link your account with Facebook, we might have access to your name. We may collect information about you from other Users if they share any Content with you, send a message, image and online contact information.
When you visit the Site, we automatically collect some information. For example, it is standard for your Web browser to automatically send information to every Web site you visit, including ours. Such information includes your computer ’ s Internet Protocol ( “ IP ” ) address, access times, browser type and language, and referring Web site addresses. We also collect and combine information about devices you use to access The Geek Cartel ltd Services, and information about your usage and activity on the Site.
With your permission (on download or in the app), we may access and store your device ’ s contact list to find your friends on the The Geek Cartel ltd Service, to invite them, or to share your Content with them. We may also collect information about others if you use the The Geek Cartel ltd contains information about them, including their name, image and online contact information.
Content and Metadata We also collect and retain your metadata along with your Content. For example, your images may be accompanied by additional Content such as a hashtag (e.g., to mark keywords), comments, or may include metadata like a geotag. This makes your User Content more searchable by others and more interactive. If you geotag your photo or tag your photo using others ’ APIs then your latitude and longitude will be stored with the photo and may be searchable (e.g., through a location or map feature) if your photo is made public by you in accordance with your privacy settings.
STORAGE OF INFORMATION & TRANSFER OF DATA
Most of the information we collect is retained by us on our servers. If you are using the The Geek Cartel ltd Service from a country other than the country in which Web servers are located (the various communications will necessarily result in the transfer of information across international boundaries).
HOW WE USE YOUR INFORMATION
We use information collected throughThe Geek Cartel ltd Service:
1. to communicate with you or third parties;
2. to process your requests and transactions;
3. to improve the The Geek Cartel ltd Service;
4. to customize the services and/or products we provide to you;
5. to assist with our product and service development;
6. to perform marketing activities;
7. to provide relevant advertising; and
8. for other purposes related to our business.
WITH WHOM WE SHARE YOUR INFORMATION
Information collected through The Geek Cartel ltd Service may be shared with companies and organizations that perform services on our behalf (for example, companies that provide data management or other support services to us such as data storage and Web hosting services). We may share your information with third parties to serve you relevant advertising and market our products, but we won ’ t sell your information. In any case, before sharing your information with third parties, we ensure they have strong and secure data protection policies and measures in place.
Also, we may disclose the information we collect through The Geek Cartel ltd Service when we, in good faith, believe disclosure is appropriate to:
1. comply with applicable law (e.g., in response to a valid court order or subpoena);
2. prevent or investigate a possible crime, such as fraud or identity theft;
3. enforce the Terms of The Geek Cartel ltd Service or other agreements that govern your use of the The Geek Cartel ltd Service and/or our services;
4. to protect the rights, property or safety of us, our users or others; or
5. to protect your vital interests.
HOW LONG WE RETAIN YOUR INFORMATION
Retention period of collected information depends on the type of information and the reasons why we collect it. In case the retention of your information is extended for a longer period for reasons we define below, we encrypt (anonymize) it to ensure it does not directly identify you. Such data is further retained until complete deletion becomes possible.
Your account information is retained while your account is active, unless you request us to delete it or remove your account. In case you deactivate/delete your account or request us to delete your information, some information may still be retained for a reasonable time to enhance your re-activation in case you decide to return to our services. We may also retain some information we believe in good faith is necessary for legal and regulatory compliance, research and development, business matters, and improvement of our Services.
In cases when you delete your information or request us to delete it, some of your information you shared through the Services may still be accessible for those with whom you shared it. For example, if you shared an image through The Geek Cartel ltd Services, this image may still be visible for those with whom you shared, even if we delete it from your account.
CONTROLLING AND MODIFYING YOUR INFORMATION – OPT-OUT / OPT-IN
We respect your right to control and make choices about your information. You may request [The Geek Cartel ltd] to:
– provide you with information we collect about you
– transfer your information to another controller of your choice, when technically feasible
– delete (please see below for more details on deletion)
– update, edit or modify your information or
– change your privacy preferences at any time
Your request can be made by emailing us at firstname.lastname@example.org, in some instances you may also do it yourself via The Geek Cartel ltd online Service.
You may also opt out of receiving promotional communications from us, including, but not limited to, promotional emails, by emailing us at email@example.com, Transactional service communications (such as messages about your registration) are not subject to the foregoing opt-out procedures, as are necessary for the regular conduct of our business records. Requests to disable your account or reset your password should be sent to firstname.lastname@example.org , for faster processing.
SECURITY OF YOUR INFORMATION
We work hard to ensure integrity and security of your information (including preventing the loss, misuse, unauthorized access, disclosure, alteration and destruction of your information). To this end we have incorporated security measures into our system to protect you and [Picturebookapp] from any data breach. Such measures include encryption of your data while in transfer, regular revision of security procedures and compliance in the system, restricted number of employees under strict confidentiality obligations that are authorized to access your information for the purposes of legitimate processing and handling, as described above. However, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. If you use a password on The Geek Cartel ltd Service, you are responsible for keeping it confidential. Do not share it with any other person. If you believe your password has been misused or your account compromised, please advise us immediately by sending a notice at email@example.com
We “ The Geek Cartel ltd ” are committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children ’ s online activities and interests. We do not knowingly collect information from children under the age of 18 and we do not target The Geek Cartel ltd Service to children under 18. If we receive a valid notice through firstname.lastname@example.org hat a minor under age of 18 has provided us with personal information, we will take measures to delete it as soon as possible.
DO NOT TRACK
The Geek Cartel ltd Services do not currently observe Do Not Track settings.
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