(Updated July 15, 2018)
When using GEEKSPEN STORE , you agree to the following terms and conditions (the "Terms of Use"). In addition, when using particular GEEKSPEN STORE services, you shall be subject to any posted guidelines applicable to such services. If you do not agree to these Terms of Use please do not use the site and do not register to be a member of GEEKSPEN STORE. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these terms periodically for changes. Your continued use of the GEEKSPEN STORE Service following the posting of changes to these terms will mean you accept those changes.
Overview
GEEKSPEN STORE is the Internet's largest script repository and resource web portal, with scripts across 16 different programming languages and over 1,300 categories (and growing every day), as well as links to books, articles, tips, tutorials and a broad range of other content (collectively, the "GEEKSPEN STORE Service"). These Terms of Use apply to the GEEKSPEN STORE Service as well as any new products or services that we may add in the future (unless stated otherwise).
General Terms of Use and Restrictions on Use of Materials
By using the GEEKSPEN STORE Service, you agree to be legally bound and to abide by the Terms of Use, just as if you had signed this Agreement. If you do not comply with the Terms of Use at any time, GEEKSPEN STORE reserves the right to limit your access to the GEEKSPEN STORE Service. GEEKSPEN STORE may discontinue or alter any aspect of the GEEKSPEN STORE Service, including, but not limited to, (i) restricting the time the GEEKSPEN STORE Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the GEEKSPEN STORE Service, at GEEKSPEN STORE' sole discretion and without prior notice or liability.By using the GEEKSPEN STORE Service, you agree to be legally bound and to abide by the Terms of Use, just as if you had signed this Agreement. If you do not comply with the Terms of Use at any time, GEEKSPEN STORE reserves the right to limit your access to the GEEKSPEN STORE Service. GEEKSPEN STORE may discontinue or alter any aspect of the GEEKSPEN STORE Service, including, but not limited to, (i) restricting the time the GEEKSPEN STORE Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the GEEKSPEN STORE Service, at GEEKSPEN STORE' sole discretion and without prior notice or liability.
In order to permit GEEKSPEN STORE to protect the quality of its products and services, you hereby consent to GEEKSPEN STORE employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.
You acknowledge that the GEEKSPEN STORE Service may contain information, software (including scripts posted by others), photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and GEEKSPEN STORE owns a copyright in the selection, coordination, arrangement and enhancement of such Content.
No Web Hosting Advertisements
You agree that you shall neither post any web hosting advertisements nor post any content/advertisement(s) to promote web hosting services. Additionally, you shall not post anything that promotes/invites for any kind of hosting conferences.
GEEKSPEN STORE' Privacy Policy
The Company collects, stores and uses data collected from you in accordance with the Company's Privacy Policy.
Submissions
By posting or submitting content to this site, you grant GEEKSPEN STORE and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by GEEKSPEN STORE will not infringe or violate the rights of any third party. If you send us scripts, creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of GEEKSPEN STORE. None of the Submissions shall be subject to any obligation of confidence on the part of GEEKSPEN STORE, and GEEKSPEN STORE shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, GEEKSPEN STORE shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Links
The GEEKSPEN STORE Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GEEKSPEN STORE has no control over such sites and resources, you acknowledge and agree that GEEKSPEN STORE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GEEKSPEN STORE 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 site or resource.
Promoted Content/Prioritized Listings
Under the full discretion of GEEKSPEN STORE, GEEKSPEN STORE may show promoted content/listing(s), advertised content/listing(s) in the website (store.geekspen.com) in any order and/or priority. You agree that you have no obejection in GEEKSPEN STORE showing any content (even any promoted/advertised content and/or any content/listings owned by the parent company of GEEKSPEN STORE) in the website store.geekspen.com and/or in any of the communication(s) done by GEEKSPEN STORE including but not limited to email communications, in any order, priority and/or occurance, under the full discretion of GEEKSPEN STORE.
DISCLAIMER
GEEKSPEN STORE uses diligent efforts to maintain the GEEKSPEN STORE Service, but GEEKSPEN STORE is not responsible for any defects or failures associated with the GEEKSPEN STORE Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, GEEKSPEN STORE makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the GEEKSPEN STORE Service, including as to the accuracy, content, or quality of any such sites and information.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES
THE GEEKSPEN STORE SERVICE IS PROVIDED "AS IS" AND YOU USE IT AT YOUR SOLE RISK. GEEKSPEN STORE 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. WITHOUT LIMITATION, GEEKSPEN STORE MAKES NO WARRANTY THAT THE GEEKSPEN STORE SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE GEEKSPEN STORE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE GEEKSPEN STORE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GEEKSPEN STORE SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE GEEKSPEN STORE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF USE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GEEKSPEN STORE 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 GEEKSPEN STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE GEEKSPEN STORE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE GEEKSPEN STORE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GEEKSPEN STORE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE GEEKSPEN STORE SERVICE. IN NO EVENT SHALL GEEKSPEN STORE ' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU ARE IN (OR GOVERNED BY) SUCH A JURISDICTION, YOU ARE NEITHER ALLOWED TO USE ANY SERVICES OFFERED BY GEEKSPEN STORE NOR ALLOWED TO VIEW/POST ANYTHING IN/TO WWW.HOTSCRIPTS.COM WEBSITE
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NESOTE TECHNOLOGIES PRIVATE LIMITED (THE INDIAN COMPANY WHICH OWNS GEEKSPEN STORE) AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE GEEKSPEN STORE SERVICE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY GEEKSPEN STORE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and Modification
You agree that GEEKSPEN STORE , in its sole discretion, may terminate your password, account (or any part thereof) or use of the GEEKSPEN STORE Service, and remove and discard any Content within the GEEKSPEN STORE Service, for any or no reason. GEEKSPEN STORE may also in its sole discretion and at any time discontinue providing the GEEKSPEN STORE Service, or any part thereof, with or without notice. You agree that any termination of your access to the GEEKSPEN STORE Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that GEEKSPEN STORE may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the GEEKSPEN STORE Service. Further, you agree that GEEKSPEN STORE shall not be liable to you or any third-party for any termination of your access to the GEEKSPEN STORE Service.
Governing Law and Other Miscellaneous Terms
GEEKSPEN STORE hope you never have a dispute with GEEKSPEN STORE, but if we do, you and GEEKSPEN STORE agree to try for 60 days to resolve it informally. If you and GEEKSPEN STORE can’t, you and GEEKSPEN STORE agree to binding individual arbitration in the manner mentioned below, and not to sue in court in front of a judge or jury. Any dispute or difference arising out of or in connection with this agreement, including any question regarding its existence, operation, termination, validity or breach thereof shall be referred to and finally resolved by arbitration as per the Arbitration & Conciliation Act, 1996 and shall be conducted by the arbitrator appointed by GEEKSPEN STORE , in accordance with the Arbitration Rules of Indian Council of Arbitration for the time being in force. Place of Arbitration shall be Kochi (A city in Kerala State in India). In an event the arbitrator appointed by GEEKSPEN STORE has no judicial authority on you, the binding individual arbitration shall take place in Singapore, and GEEKSPEN STORE reserve the right to choose the arbitrator. You do hereby waive all your rights to claim class arbitrations, class actions or any kind of multi-party proceedings. Any dispute arising out of or related to this agreement shall not be brought by you as a class arbitration or class action or any other type of multi-party proceeding.
COPYRIGHT AND COPYRIGHT NOTICES
GEEKSPEN STORE respects the intellectual property of others, and we ask our users to do the same. GEEKSPEN STORE may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GEEKSPEN STORE' Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
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;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please contact GEEKSPEN STORE' Copyright Agent for Notice of claims of copyright infringement on: