Terms of Use

  1. Agreement to be Bound by Terms of Use. Welcome to www.denofgeek.us. The www.denofgeek.us Web site (the “Site”) is operated by DoG Tech LLC (“DoG Tech”) and is offered to you conditioned upon your acceptance without modification of the terms, conditions and notices contained herein (the “Terms of Use”). Your use of the Site, or any of the www.denofgeek.us products, software, data feeds and services provided to you on, from or through the Site, constitutes your agreement to accept, comply with and be bound by all the conditions, notices and guidelines in, and linked to, these Terms of Use. Your agreement extends to any and all modifications of these Terms of Use, which may be made at any time at the sole discretion of DoG Tech. Any such modifications shall become effective immediately upon the posting thereof. You should review these Terms of Use carefully prior to using the Site. You are responsible for checking the Terms of Use periodically for changes, and your continued use of the Site constitutes your acceptance of any amendments. Should you object to any of the conditions, notices or guidelines in, and linked to, these Terms of Use, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.

  1. Copyright and Service Marks. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary rights. The Site, its look and feel including but not limited to: graphics, logos, designs, sound and video material, photographs, page headers, button icons, scripts, and service names, as well as data, information, and text are protected by copyright, trademark, patent or other proprietary rights and laws by DoG Tech. Any reproduction, modification, creation of derivative works from, or redistribution of, the Site or the collective work, and/or copying or reproducing the Site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of DoG Tech. You agree not to reproduce, duplicate or copy content from the Site without the express written consent of DoG Tech, and agree to abide by any and all copyright notices displayed on the Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site.

  1. Linking to the Site. You may provide links to the Site, provided: (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site; (b) your site does not engage in illegal or pornographic activities; and (c) you discontinue providing links to the Site immediately upon request by DoG Tech.

  1. Advertisers. The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

  1. Registration.

  1. Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be completed using your real name and truthful information. Each registration must be for your personal use only and not on behalf of any other person or entity.

    1. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of any unauthorized use of your password or account or any other breach of security, you must notify DoG Tech immediately and promptly change your password.

  1. Third Party Content and Services. The Site may contain third party content and links to third-party content or services (“Third-Party Services”) that may appear on the Site or that may otherwise be accessible from the Site, including but not limited to; data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links that are posted by any outside parties. Your use of any Third-Party Services is at your own discretion and risk and subject to any terms of service or conditions of use associated with the Third-Party Services. DoG Tech does not control any Third-Party Services and is not responsible for any Third-Party Services or for the content thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. DoG Tech does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Site. You agree that you are wholly responsible for making your own independent decisions regarding your use or interaction with Third-Party Services. DoG Tech will not be responsible in any way for any damage to your computer system or loss of data that result from the download of any material or third party software.

  1. Responsibility of the User.

  1. You affirm that you are: (a) either (i) more than 18 years of age, (ii) an emancipated minor, or (iii) possess legal parental or guardian consent; and (b) are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. You also affirm that you are over the age of 13. The Site is not intended for children under 13. If you are under 13 years of age please do not use the Site.

    1. You agree to comply with these Terms of Use and with all local laws regarding online conduct and acceptable content.

    1. You understand that you may be exposed to content on the Site that you may find offensive, indecent or objectionable. By using the Site, you assume all risk associated with its use.

    1. You are solely responsible for your conduct and activities on and relating to the Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links that you submit, post, and/or display on the Site.

    1. DoG Tech and the Site reserve the right without prior notice to remove content, terminate your access or, if appropriate, take legal action against you if you violate any of these Terms of Use, or if you:

  1. Create profiles with offensive content or post content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or that is false, deceptive, misleading, inaccurate, deceitful, or misinformative;

    1. Violate any site policy or community guidelines, or any applicable law, statute, ordinance or regulation;

    1. Stalk, intimidate, threaten, harass or advocate harassment of another person;

    1. Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for commercial purposes;

    1. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site, unless expressly permitted in writing by DoG Tech;

    1. Probe, scan or test the vulnerability of the Site, or breach the security or authentication measures on the Site;

    1. Reverse look-up, trace or seek to trace any information on any other user of the Site to its source, or exploit the Site in any way, the purpose of which is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Site;

    1. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site;

    1. Use any device, software or routine to interfere with, attempt to interfere with, or which diminishes or impairs the proper working or authorized uses of the Site or with any other person's use of the Site;

    1. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Site;

    1. Impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity.

    1. Create and/or transmit any computer viruses or any other computer code or destructive interferences that may damage, intercept or expropriate any system, data or personal information;

    1. Harvest or otherwise collect personal data about any users of the Site, including, but not limited to, email addresses, without their consent;

    1. Plagiarize or copy, reproduce, modify, create derivative works from or publicly display any user content (except for your content, or other allowed uses) without the prior expressed written permission of DoG Tech and the appropriate third party, as applicable;

    1. Advertise or offer to sell any goods or services for any commercial purpose or post surveys, contests, pyramid schemes or chain letters; or

    1. Download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.

  1. Content.

  1. You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Site (collectively, "Post"). "User Content" means user-Posted content or information of any type or medium, including but not limited to: (a) letters, emails or other messages; (b) other forms of communication through the Site; (c) personal user information; (d) cheat codes; (e) board posts; (f) reader reviews; (g) blogs, game ratings, data, notes and testimonials; (h) poll votes; (i) images; (j) audio or video files; and (k) software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that DoG Tech does not control or endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that DoG Tech does not pre-screen User Content, and has no obligation to do so, but that DoG Tech and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Site.

    1. Content or communications posted using the Site are generally public, not private, communications and others may read your communications without your knowledge or consent. You should not have any expectation of privacy relative to your communications through the Site. Always use caution when posting personal information, especially when posting information that could personally identify you. Your posting of any User Content through the Site is done at your own risk. DoG Tech is not responsible for its theft, copying or placement on other media or networks.

    1. By posting content to any public area of the Site, you automatically grant to DoG Tech, and you represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute said content and to prepare derivative works of, or incorporate into other works, said content, and to grant and authorize sublicenses of the foregoing. Furthermore, by posting content to the Site, you automatically grant DoG Tech all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on the Site by any party for any purpose. You acknowledge that you are responsible for whatever material you submit to DoG Tech, and that you, not DoG Tech, take full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

  1. Right to Restrict, Refuse or Terminate. DoG Tech, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any information within the Site, for any reason, including, without limitation, if DoG Tech believes that you have acted inconsistently with the letter and spirit of the Terms of Use. Further, you agree that DoG Tech shall not be liable to you or any third party for any termination of your access to the Site.

  1. Privacy.

  1. Except as provided in DoG Tech’s Privacy Policy, DoG Tech will neither sell nor disclose your personal information to third parties without your explicit consent. DoG Tech stores and processes content on computers located in the United States that are protected by physical as well as technological security. Please take the time to review DoG Tech’s Privacy policy here http://www.denofgeek.us/content/privacy-notice.

    1. In order to ensure that DoG Tech is able to provide high-quality services that are responsive to our user’s needs, you agree that DoG Tech representatives will have access to your account and records as reasonably needed to investigate complaints.

  1. Disclaimer.

  1. Your use of the Site is solely at your own risk. DoG Tech cannot guarantee and does not promise any specific results from use of the Site. DoG Tech provides no representation or warranty that: (a) the Site will meet your requirements; (b) the Site will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Site will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations; (e) your messages, data or information, in whatever form or medium, will not be lost; and (f) any errors will be corrected. The information and services provided by and on the Site may contain bugs, errors, problems or other limitations. The Site, the information, services, content, documents and other material available on or accessible from this Site are provided "as-is," “as available,” with “all faults,” and without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. Any advice or information that is provided to you orally or in writing shall not create any warranty. DOG TECH, AND EACH OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (TOGETHER, THE “DOG TECH PARTIES”) 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY DOG TECH PARTY, OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT.

    1. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DOWNLOADED OR OBTAINED SOLELY AT YOUR OWN DISCRETION AND 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.

    1. A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO HISTORY OF SUCH SYMPTOMS. CONSULT YOUR PHYSICIAN PRIOR TO USE OF THE SITE IF YOU HAVE HAD ANY OF THESE SYMPTOMS. DISCONTINUE USE OF THE SITE’S SERVICES IMMEDIATELY IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION OR INVOLUNTARY MOVEMENTS OR CONVULSIONS.

    1. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF THE DOG TECH PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. To the extent that any part of this section is not consistent with any other part of the Terms of Use, then this Section 11 will override it.

  1. Liability Limit

  1. YOU AGREE THAT IN NO EVENT SHALL DOG TECH, OR ANY OF THE DOG TECH PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHATSOEVER ARISING OUT OF OR RELATING TO: A) YOUR USE OF OR INABILITY TO USE THE SITE; B) RELIANCE ON OR USE OF CONTENT, INFORMATION, SERVICES OR MERCHANDISE PROVIDED OR ACCESIBLE THROUGH THE SITE; C) ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION; (D) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANYONE ON THE SITE; OR G) ANY FAILURE OF PERFORMANCE WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOG TECH AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

    1. DOG TECH'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ANY OF THE DOG TECH PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF FEES YOU PAY TO DOG TECH IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (B) ONE HUNDERD U.S. DOLLARS (US$100). THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES YOU MAY HAVE AGAINST DOG TECH OR ANY OF THE DOG TECH PARTIES.

  1. Indemnity. YOU AGREE TO INDEMNIFY AND HOLD DOG TECH AND ANY OF THE DOG TECH PARTIES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

  1. Errors, Corrections and Changes. DoG Tech does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside DoG Tech’s control. DoG Tech assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. DoG Tech does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. If there is any kind of loss that leads to production expenses, DoG Tech will not be held responsible.

  1. DoG Tech Change of Service. DoG Tech reserves the right to modify or terminate the Site at any time, for any reason, without notice. DoG Tech reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, DoG Tech will notify you via email to the email address in your account. What constitutes a "material change" will be determined at DoG Tech’s sole discretion, in good faith, using common sense and reasonable judgment. Your continued use of the Site following the posting of changes constitutes your acceptance of all such changes.

  1. Copyright Infringement. If you believe that content you own has been used on the Site in a way that violates your copyright or other intellectual property rights, please provide DoG Tech with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

    1. a description of the copyrighted work or other intellectual property you claim has been infringed;

    1. a description of where the material you claim is infringing is located on the Site;

    1. your address, telephone number, and email address;

    1. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and;

    1. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

  1. Choice of Law. These Terms of Use shall in all respects be interpreted and construed with and by the laws of the State of Florida and you hereby consent that all disputes arising under this Agreement will be adjudicated by the courts of the State of Florida.

  1. Miscellaneous. DoG Tech’s rights under these Terms of Use may not be waived unless DoG Tech agrees to such waiver in writing. The Terms of Use and your account on the Site are personal to you and may not be transferred or assigned. The use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this Section 18. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Site and the Privacy Policy), constitutes the entire understanding between you and DoG Tech regarding the Site. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties have agreed that the Terms of Use shall be written in English.

  1. Notices. Except as explicitly stated otherwise, any notices shall be given by e-mail to legal@denofgeek.us or, in your case, to the e-mail address you provide to DoG Tech (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the email address is invalid. Alternatively, DoG Tech may give you notice by certified mail, postage prepaid and return receipt requested, to the mailing address provided to DoG Tech. In such case, notice shall be deemed given three days after the date of mailing.

  1. Disclosures. The services hereunder are offered by DoG Tech, LLC. Users may contact the Site at admin@denofgeek.us to warn of or report a negative experience. DoG Tech will consider all sides in a dispute or complaint and reserves the right to terminate any memberships, postings or listings at any time. You may find some content on the Site to be offensive, harmful, inaccurate, deceptive and/or that you are dealing with underage persons or people acting under false pretense. Please notify admin@denofgeek.us of any such delinquencies.