Updated February 14, 2018
In using this website/mobile app you are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Geekfyt, LLC. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) derives from the Geekfyt Principles, and is our terms of service that governs our relationship with users and others who interact with Geekfyt, as well as Geekfyt brands, products and services, which we call the “Geekfyt” “iDNA Technology” “Geekfyt Services” or “Services”. By using or accessing the Geekfyt Services, you agree to this Statement, as updated from time to time in accordance with Section 8 below. Additionally, you will find resources at the end of this document that help you understand how Geekfyt works.
Because Geekfyt provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
We collect the content and other information you provide when you use our Services, including when you sign up for an account, create or share, and message or communicate with others. This can include information in or about the content you provide, such as the location of a photo or the date a file was created. We also collect information about how you use our Services, such as the types of content you view or engage with or the frequency and duration of your activities.
Mobile App: If you launch any of our Services or applications on a mobile device, we collect information regarding your device type, iOS advertising identifier (IDFA), Google Advertiser ID, HTML cookies, Open UDID, referral URL, operating system and version, and IP address. In some of our applications, we collect your specific geolocation with your permission. In addition, we create a unique user ID to track your use of our Service. We may associate an IDFA (iOS) or Advertiser ID (Android) with Personal Information or with other persistent device identifiers (for example, IDFA, Advertiser ID, SSAID, MAC address, or IMEI) at any time.
Social Networks: When you use any of the Geekfyt Services or applications, we may collect and record information through the social networking website you use to access the Service or other third party source (each a “SN Website”) in accordance with the policies and terms of the SN Website. We may share such information with the SN Website for its use as permitted by the terms of your agreement and privacy settings with the SN Website. SN Websites may include, for example, Geekfyt (such as Geekfyt Fanpages), Instagram, Twitter, Pinterest, YouTube, Polyvore and more.
The information we collect when you access the Service on an SN Website may include information that is visible on your social networking page such as: (1) your name, (2) SN Website user identification number and/or name, (3) locale, city, state and country, (4) sex, (5) birthdate, (6) time zone and (7) email address.
Website: When you visit our Site, Store or use the Service on an SN Website, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language and referring Web site addresses are logged automatically. We also collect information about your usage and activity, such as number of clicks, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of this activity. We use this information to monitor and analyze use of the Services.
Other Collection: We may also collect your email address directly from you when you access our Service. If you provide your email address in connection with a Geekfyt App, the email address will be retained by Geekfyt and we may use that email address to contact you about other Geekfyt App.
3. Sharing Your Content and Information
You own all of the content and information you post on Geekfyt and you can control how it is shared through your privacy and application settings. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
Geekfyt, LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Geekfyt, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Geekfyt (IP License). This IP License ends when you delete your IP content or your account, unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Geekfyt, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about Geekfyt, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
You agree that all information that you provide to GEEKFYT or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, shipping and handling charges relating to your purchases.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
5. Returns/Exchange Policy
Your GeekFyt products will be personalized with your own unique iDNA code. Due to the unique nature of these products , ALL GeekFyt items are non-returnable, non-exchangeable, and non refundable. All Sales are FINAL. Images on this site are not 100 % accurate. There is NO GUARANTEE that your iDNA code will work 100% accurately due to clothing materials or angle of scanning with the Geekfyt app on your smartphone. There is also NO GUARANTEE that images will not fade or become distorted prior to or after one usage.There may be slight color differences. Pictures that are applied to garments usually print darker than what is on your computer screen. There may be discoloration due to the heat press and pre-treatment. T-shirt printing is not perfect nor do we claim to be.
There are NO REFUNDS OR RETURNS. There are NO Cancellations after payment has been made due to our printing process. By purchasing, you agree that you have previously reviewed and agreed to all Terms of Service. There is NO GUARANTEE on the time frame for T-Shirt Printing.
When you create an account with us, you guarantee that you are above the age of 8, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. When and if you register with the Site, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Site.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Geekfyt, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Geekfyt, LLC.
7. CODE OF CONDUCT
While using the Site and/or Materials, you agree to comply with all applicable laws, rules and regulations, and that you will not:
If you find any Materials on the Site which you believe violate or are inconsistent with this Code of Conduct, please contact the Site administrator at firstname.lastname@example.org .
8. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Geekfyt, LLC.
Geekfyt, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Geekfyt, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
Your continued use of the Geekfyt Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
11. OUR PROPRIETARY RIGHTS
We and our respective licensors and suppliers own the information and materials made available through the Site. Such information and materials may be protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.
Our trademarks and service marks include, without limitation, Geekfyt LLC, Geekfyt Clothing, and any associated trademarks, service marks, and logos. All trademarks and service marks on the Site not owned by us are the property of their respective owners. You may not use our trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trademarks or service marks without express prior written consent of the owner.
You agree to defend, indemnify and hold harmless Geekfyt, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
13. Limitation of Liability
In no event shall Geekfyt, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Geekfyt, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
15. Governing Law
These Terms shall be governed and construed in accordance with the laws of Ohio, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
16. Contact Us
If you have any questions about these Terms, please contact us.