TERMS OF SERVICE
1. ACCEPTANCE OF TERMSBefore using FellowGEEK.com , please carefully read this agreement relating to your use of this Site. By using FellowGEEK.com , you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use FellowGEEK.com site.
FellowGEEK.com reserves the right, 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. Your continued use of the FellowGEEK.com Site following the posting of changes to these Terms will mean that you accept those changes.
Use of FellowGEEK.com Site constitutes full acceptance of and agreement to the Terms; if a user does not accept FellowGEEK.com's Terms, he or she is not granted rights to use FellowGEEK.com Site as defined herein, and should refrain from accessing FellowGEEK.com Site.
FellowGEEK.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, FellowGEEK.com Site (or any part thereof). FellowGEEK.com shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USEBy using FellowGEEK.com Site, you warrant to FellowGEEK.com that you will not use FellowGEEK.com Site, or any of the content obtained from FellowGEEK.com Site, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the FellowGEEK.com Site automatically terminates.
3. DESCRIPTION OF SERVICESThe FellowGEEK.com Site is owned and operated by Erfan Media LLC for the purpose of discussion, implementation and innovation (the "Purpose"). The FellowGEEK.com provide technology news, entertainment news and education for the IT and developer community.
4. REGISTRATION OBLIGATIONSWhen requested, FellowGEEK.com user must: (1) personally provide true, accurate, current and complete information on the FellowGEEK.com's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, FellowGEEK.com has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, FellowGEEK.com may suspend or terminate that user's account and prohibit any and all current or future use of the FellowGEEK.com site (or any portion thereof) by that user other than as expressly provided herein.
Each user will receive passwords and account designations upon completing registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. FellowGEEK.com cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify FellowGEEK.com of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
5. CONTENTAll information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not FellowGEEK.com, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the FellowGEEK.com Site. No user shall transmit Content or otherwise conduct or participate in any activities on FellowGEEK.com site that, in the judgment of FellowGEEK.com, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.
FellowGEEK.com reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, FellowGEEK.com shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. FellowGEEK.com, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by FellowGEEK.com to protect the rights, property, or personal safety of FellowGEEK.com site users and the public. FellowGEEK.com does not guarantee the accuracy, integrity or quality of it's content. Under no circumstances will FellowGEEK.com be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via FellowGEEK.com site.
Each user, by using FellowGEEK.com site, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE FellowGEEK.com SITE:Use, reproduction, modification, and other intellectual property rights to data stored on the FellowGEEK.com Site will be subject to licensing arrangements that may be approved by FellowGEEK.com as applicable to such Content.
With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and bug trackers ("FellowGEEK.com Public Content"), the submitting user retains ownership of such FellowGEEK.com Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by FellowGEEK.com site. In each such case, the submitting user grants FellowGEEK.com the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.
7. NO RESALE OF SERVICEYou agree not to sell, resell, or offer for any commercial purposes, any portion of the FellowGEEK.com site, use of the FellowGEEK.com site, or access to the FellowGEEK.com site.
8. GENERAL PRACTICES REGARDING USE AND STORAGEFellowGEEK.com may establish general practices and limits concerning use of the FellowGEEK.com site. While FellowGEEK.com will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, FellowGEEK.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any FellowGEEK.com site. FellowGEEK.com reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. FellowGEEK.com reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
9. TERMINATIONFellowGEEK.com may terminate a user's account in FellowGEEK.com's absolute discretion and for any reason. FellowGEEK.com is especially likely to terminate for reasons that include, but are not limited to, the following:
(1) violation of these Terms;
(2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources;
(3) use of an FellowGEEK.com site in a manner inconsistent with the Purpose;
(4) a user's request for such termination; as required by law, regulation, court or governing agency order.
termination of any user's access to FellowGEEK.com sites may be effected without notice and, on such termination, FellowGEEK.com may immediately deactivate or delete user's account and/or bar any further access to such files. FellowGEEK.com shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. FellowGEEK.com reserves the right to delete, or not delete, a user's account at FellowGEEK.com's sole discretion, as well as to delete, or not delete, content at FellowGEEK.com's sole discretion.
10. LINKSFellowGEEK.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
FellowGEEK.com, may provide links to other websites. FellowGEEK.com 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. FellowGEEK.com 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 FellowGEEK.com site Privacy Statement is applicable only when you are on FellowGEEK.com site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
You, the visitor or customer, should assume that any and all links on this site are affiliate links. If you click on these links and visit the resulting site, a cookie will be set in your web browser that will cause us to receive a commission “IF” you purchase a product on the other end. This is a legitimate way to monetize and pay for the operation of web sites and we gladly reveal our affiliate relationships to you.
11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless FellowGEEK.com, and its employees, 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 FellowGEEK.com site; his or her submission, posting or transmission of Content or his or her violation of the Terms.
EACH USER'S USE OF THE FellowGEEK.com SITE IS AT HIS OR HER SOLE RISK. THE FellowGEEK.com SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND FellowGEEK.com 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. FellowGEEK.com 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, FellowGEEK.com MAKES NO WARRANTY THAT (i) THE FellowGEEK.com SITE 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 FellowGEEK.com'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FellowGEEK.com 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 FellowGEEK.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY FellowGEEK.com 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 FellowGEEK.com SITE; OR ANY OTHER MATTER RELATING TO THE FellowGEEK.com SITE. IN NO EVENT SHALL FellowGEEK.com'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,00.00. 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 FellowGEEK.com AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, FellowGEEK.com DOES NOT AND CANNOT CONTROL THE ACTIONS OF FellowGEEK.com 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 FellowGEEK.com SITE. OPERATION OF FellowGEEK.com SITE 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 FellowGEEK.com.
12. COPYRIGHTSFellowGEEK.com respects the intellectual property rights of others, and requires that the people who use the FellowGEEK.com site do the same. It is our policy to respond promptly to claims of intellectual property misuse.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 with the following information in writing:
(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
(2) identification of the copyrighted work that you claim has been infringed;
(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit FellowGEEK.com to locate the material, including the full URL.
(4) your name, address, telephone number, and email address.
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
If FellowGEEK.com receives such a claim, FellowGEEK.com reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.
email : firstname.lastname@example.org
After receiving a claim of infringement, FellowGEEK.com will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, FellowGEEK.com will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. FellowGEEK.com will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, FellowGEEK.com will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, FellowGEEK.com will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
(1) your physical or electronic signature;
(2) 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 access to it was disabled, including the full URL;
(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which FellowGEEK.com may be found and that you will accept service of process from the person who provided the initial notification of infringement.
13. VIOLATIONSPlease report any violations of the Terms to the FellowGEEK.com site webmater at :
email : info@fellowgeekcom