GEEKMEMORE is an internet dating service designed to bring together Members of the site and to promote geek culture. Some services will be provided free of charge and other premium services will be subscription-based.
You are solely responsible for your communication and interaction with other Members of the Website. You may not display or forward to any Member, non-Member, business entity, or any other type of entity, under any form, any messages, videos, photos, files or any other type of content that would violate the privacy, or cause injury or embarrassment to any other Member, or that is in its nature obscene, defamatory, racist, xenophobic, discriminatory, offensive, political, violent or likely to induce violence. We reserve the right, but we do not have the obligation, to investigate any complaints of violation of these T&Cs.
While the Website provides for open communication between Members, we are not responsible for the content and cannot stop prohibited or otherwise inappropriate communications between Members. Although the Website serves to store and share content, it is not necessarily reviewed by us nor can we guarantee that any content can be accessed or retrieved at any time. In addition, we cannot ensure that third parties will not breach our security measures and access the Website or your confidential information. For that reason, as a Member, you agree to use all commercially reasonable efforts to prevent unauthorized access, including not revealing your login information to any third party. We expressly disclaim any and all liability in connection with any communications whether on the Website or on third party networking websites.
Our services are solely for personal use on behalf of yourself and cannot be used by you for advertising or any commercial purpose or to solicit other Members for any purpose other than with the objective of building a personal relationship. All messages will be deleted after one year and all listings (favorites, visits, etc...) will be deleted after 6 months.
You are responsible for having adequate technology to operate this website and GEEKMEMORE cannot guaranty its proper function if the Member uses “pop-up” filtering technology.
You hereby release us from any liability in connection with your use or anyone else’s use of the Website except where otherwise prohibited by law. If you are dissatisfied with the Website or our services in general or you are having a dispute with another Member, you agree that your only recourse is to “block” the Member on his or her profile or to stop using the Website. Furthermore, Member agrees to indemnify, defend, and hold us harmless from any improper use of the Website by you or anyone else (i) acting on behalf of you or (ii) as a consequence of your actions, including but not limited to, improper or illegal communications, wrongful acts by any Member whom you meet on GEEKMEMORE, any loss of data, security breaches, or third party claims.
You agree to only place appropriate and clear and accurate photos of only yourself on the Website without any other individuals appearing in the photos. Any photos that are altered or include obscenities or any sexual content, photos of you as a child, weapons, money, drugs, advertising, or personal contact information are strictly prohibited. We have the right, but not the obligation, to remove any and all photos from the Website at any time without notice or permission. Furthermore, we cannot guarantee that a Member’s photo quality or appearance will not be altered once it is posted on the Website. You hereby agree to assign all rights and interests of any kind in such photos to us to use, copy and display the photo and you represent and warrant that you are not infringing on any third party rights by submitting your photo to us.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these T&Cs at any time by posting the amended T&Cs to the Website. Please check these T&Cs and any policies periodically for changes. Your continued use of the Website after the posting of changes constitutes your acceptance of such changes.
Member acknowledges that we shall be permitted to automatically issue upgraded versions of the Website. You hereby agree that your computers may automatically receive such upgrades or updates from our servers.
GEEKMEMORE is an internet dating service designed to bring together Members of the site in a virtual setting with electronic communication and to promote geek culture. Some services will be provided free of charge and other premium services will be subscription-based. GEEKMEMORE‘s goal is neither counseling nor marital advice or courtship. GEEKMEMORE therefore has no obligation to identify Members, check their authenticity, nor to control the content that is transmitted or posted.
The GEEKMEMORE’s services and the Website are owned and operated by us. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of our services and Website are protected by United States copyright, trade dress, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for information available on third-party links, all of our information contained on the Website is the property of GEEKMEMORE. All trademarks, service marks, and trade names are proprietary to us. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of our intellectual property or services. We reserve all rights not expressly granted in this Agreement.
As between Member and GEEKMEMORE, any intellectual property and/or content, including trademarks, copyright, logos, photos, animations, videos and other form of intellectual property and proprietary right (“IP”) is and at all times will remain the property of GEEKMEMORE. Member has no rights in the IP other than the limited right to use the IP as set forth in this Agreement. During the term of the Membership, GEEKMEMORE hereby grants to Member a freely revocable, limited, non-exclusive, non-transferable, non-sublicenseable, license to use the IP only in accordance with these T&Cs. GEEKMEMORE grants no rights other than the license rights explicitly granted herein, and Member will not exceed the scope of its license. The GEEKMEMORE Marks are service marks of GEEKMEMORE. By using and accessing the Website, you agree not to use the Website in any way other than its intended purpose.
Furthermore, by using the Website, you agree that you own or have express, written permission to copy, store and use the content exchanged via the Website, and that you are not violating any third party’s intellectual property rights.
By accessing and using the Website, you agree to grant us a perpetual, irrevocable, non-exclusive, royalty-free and worldwide right to copy, distribute, modify and display content or other information in connection with your use of the Website. You agree that we may use your content and that of other Members or other related information to study activity or for commercial purposes.
We cannot warrant that you may obtain or retrieve any information shared or entered through the Website.
You may become a Member of certain services available on the Website free of charge. However, any additional services or an increased volume of services may require recurring payments to us and a subscription. You will be notified via the Website and you must agree to accept any paid services prior to incurring any charges.
After you have agreed to the terms herein, this Agreement shall remain in effect for so long as you are a Member unless otherwise modified by us. You may terminate your membership at any time by clicking on the “Unsubscribe” link on your profile page or by contacting us via the Website at which point the Membership will not be renewed at the end of the term, so long as such termination takes place at 48 hours prior to the term renewal.
We reserve the right to terminate or restrict Member’s license to use the Website and our services generally at any time and for any reason without notice. All terms herein requiring you to indemnify, defend, and hold us harmless shall remain in full force and effect and shall survive termination of this Agreement.
If your membership is terminated by us for your breach of this Agreement and you have paid any membership or other service fees, you will not be entitled to a refund of such fees.
Your Membership subscriptions will be automatically renewed for the same price, but you will be notified by e-mail between 1 and 3 months before the end of each term to allow cancelation of the contract and/or renewal.
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized use of the Website, including, but not limited to, technological barriers, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
YOU AGREE NOT TO ENGAGE IN ANY OF THE FOLLOWING CONDUCT WHILE USING GEEKMEMORE SERVICES OR THE WEBSITE:
By participating as a Member of the Website, you agree to participate in a respectful manner and to never divulge or reveal any personal information of one Member to any other Member or 3rd party, including names, address, telephone number, pictures, e-mail, or social network information. Notwithstanding the foregoing, Members are encouraged while communicating with other Members to be respectful of their emotions and not to make any unkind or derisive statements about their profiles or other personal qualities. If another Member is posing an annoyance to you, you can easily end the dialogue on the Website by selecting “Block this member” on their profile.
When accessing the Website, you will be asked to provide an ID and password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Member account. You agree that the information provided to us during registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have any reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID and password), then you agree to immediately notify us. You may be liable for the losses incurred by us or others due to any unauthorized use of your account.
We allow Members to link to third party social networking websites. However, we cannot be responsible for, and we do not endorse any third-party websites, or the information, materials, products, content posted or services contained on or accessible through any third party websites. Access and use of third party sites, including the information, materials, products, content and services available through them is solely at your own risk.
As a Member, you can elect to share your email address with third-parties promoting their products and services. If we offer third-party products and services for sale, you expressly disclaim any liability on our behalf for any data shared with such third parties or the functionality of any third-party products and services.
Member agrees that GEEKMEMORE, in its sole discretion, for any or no reason, and without penalty, may terminate or restrict Member’s account with us or terminate or limit your access to the Website and remove and discard all or any part of a user’s account, user profile, and any content, at any time and for any reason. We may also in our sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of any of your access to the Website or any account you may have or portion thereof may be effected without prior notice, and you agree that we will not be liable to you for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.
Upon termination for any reason, you agree to immediately stop accessing and using the Website.
Member’s only remedy with respect to any dissatisfaction with (i) our services, (ii) any provision of this Agreement, and, (iii) any of our policies or practices in operating the Website, or (iv) any content used through the Website, is to terminate your account or discontinue use of the Website.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GEEKMEMORE, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE CANNOT IN ANY WAY GUARANTEE THAT OTHER MEMBERS WILL NOT ENGAGE IN IMPROPER COMMUNICATIONS OR OTHERWISE VIOLATE MEMBERS’ RIGHTS. FURTHERMORE, WE CANNOT IN ANY WAY GUARANTEE THAT YOU WILL FIND A SUITABLE PARTNER OR WORTHWHILE RELATIONSHIP THROUGH PARTICIPATION IN OUR SERVICES OR WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT THIS DISCLAIMER INCLUDES GEEKMEMORE’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, OUR SERVICES, AND ANY INFORMATION, THIRD-PARTY WEBSITES, USER MATERIAL, COMMERCIAL CONTENT, OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
GEEKMEMORE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, MEMBER PROFILES, COMMERCIAL CONTENT, GEEKMEMORE APPLICATION, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE GEEKMEMORE WEBSITE OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
GEEKMEMORE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SERVICES, THE RESOLUTION OR APPEARANCE OF CONTENT, OR ANY THIRD PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT ANY COMMUNICATIONS, SHARING OF CONTACT INFORMATION WITH OTHER MEMBERS, AND IN PERSON MEETINGS ARE SOLELY AT MEMBER’S OWN RISK, AND GEEKMEMORE CANNOT IN ANY WAY BE RESPONSIBLE FOR MEMBER’S INTERACTION WITH OTHER MEMBERS OR YOUR SAFETY. GEEKMEMORE DOES NOT AND CANNOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS, AND YOU MUST RELY UPON YOUR OWN COMMON SENSE IN CHOOSING TO INTERACT WITH ANY MEMBER. WHILE GEEKMEMORE POSTS SAFETY TIPS AS RECOMMENDATIONS, YOU AGREE NOT TO RELY SOLELY ON THESE SAFETY TIPS WHEN MEETING OR COMMUNICATING WITH OTHER MEMBERS.
UNDER NO CIRCUMSTANCES WILL GEEKMEMORE, OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD-PARTY PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE OR LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM MEMBER’S USE OR INABILITY TO USE THE WEBSITE, OR ANY OTHER INTERACTIONS WITH GEEKMEMORE, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GEEKMEMORE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL GEEKMEMORE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO MEMBER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR MEMBER’S USE OF OUR SERVICES OR WEBSITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY MEMBER, IF ANY, TO GEEKMEMORE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR FIVE HUNDRED DOLLARS, WHICHEVER IS GREATER. MEMBER ACKNOWLEDGES THAT IF NO FEES ARE PAID TO GEEKMEMORE, MEMBER SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM GEEKMEMORE, REGARDLESS OF THE CAUSE OF ACTION.
If Member has a dispute with one or more Members of the Website, Member releases us (and GEEKMEMORE's officers, directors, agents, subsidiaries, partners and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If located in California, Member waives California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY MEMBER BY REASON OF ANY CONTENT THROUGH ANY THIRD PARTY SITES.
MEMBER ACKNOWLEDGES AND AGREES THAT GEEKMEMORE HAS OFFERED ITS WEBSITE AND SERVICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN MEMBER AND GEEKMEMORE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN MEMBER AND GEEKMEMORE. WE WOULD NOT BE ABLE TO PROVIDE GEEKMEMORE SERVICES TO MEMBER ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF MEMBER RESIDES IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO MEMBER, AND MEMBER MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS T&CS APPLY TO MEMBER AND ITS USERS TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE MEMBER IS LOCATED.
We may provide you with notices, including those regarding changes to the Website's terms and conditions, by email, regular mail or postings on the Website. Notice will be deemed given twenty-four hours after the email is sent, unless we are notified that the email address is invalid. Notice posted on the Website is deemed given 30 days following the initial posting.
The failure of GEEKMEMORE to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by us.
This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. The parties agree that the federal and state courts residing in Santa Clara County, California will have exclusive jurisdiction over these Terms.
If any provision of the terms of this Agreement is held to be unlawful, void, or for any reason unenforceable, that provision will be limited or eliminated from the Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GEEKMEMORE without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
This Agreement and any order form or subscription between Member and GEEKMEMORE relating to the subject matter herein are the entire agreements between the parties and will not be modified except in writing with our consent or by a change to these terms or policies made by us as set forth herein.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
The services are offered by GEEKMEMORE. Please email us with any questions or concerns via our Website, GEEKMEMORE.com.
Member hereby agrees to the use of electronic communication in order to use the website or other services of GEEKMEMORE, and to the electronic delivery of notices, policies and records of transactions initiated or completed through our website. Furthermore, Member hereby waives any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.