- Acceptance of Terms.
- Scope of Service.
- Website Content.
- Content Submitted by Users.
- Prohibited Conduct.
- Intellectual Property Rights.
- Copyright Infringement; Notice and Take Down Procedures.
- Disclaimer of Warranty.
- Limitation of Liability.
- Links to Third-Party Websites.
- No Implied Endorsements.
- Jurisdictional Issues.
- Entire Agreement.
- For Additional Information.
Last updated December 1, 2015
1. Acceptance of Terms.
2. Scope of Service.
3. Website Content.
You may not interfere with the Services or try to access them using a method other than the interface and the instructions we provide. You may use the Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing the Services to you if you do not comply with our terms or if we are investigating suspected misconduct.
Using the Services does not give you ownership of any intellectual property rights in the Services or the content you access. You may not use content from the Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in the Services. Do not remove, obscure or alter any legal notices displayed in or along with the Services.
You are not permitted to use the Services while operating a motor vehicle or in any other way that distracts you and is in violation of traffic, safety or other laws.
By using the Services, you agree to indemnify, hold harmless and defend GearSay from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services.
5. Content Submitted by Users.
- Our systems analyze your content to enable us to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection.
- Liability. We are not responsible or liable for the conduct of users or for views, opinions and statements expressed in Content submitted for public display through our website. We do not prescreen information posted to our website. With respect to information posted by users on our website, we are acting as a passive conduit for such distribution and are not responsible for content. Any opinions, advice, statements, services, offers, or other information in content expressed or made available by users of this website are those of the respective author(s) or distributor(s) and not of GearSay. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such content. You are responsible for ensuring that content submitted to GearSay is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of content to GearSay.
- We have the right, but not the obligation, to redirect any url that you post to this website, including any url posted to a locker you create, if we believe in our sole discretion that the redirection would improve the usability of this website. For example if you were to post a link to a particular brand as an addition to one of your lockers, we may redirect that link to the search results page on GearSay for that same brand, in order to show broader content on GearSay relating to that brand
6. Prohibited Conduct.
By accessing the Services, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use the Services to:
- Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by GearSay.
- Use a name or language that GearSay, in its sole discretion, deems offensive.
- Post defamatory statements.
- Post hateful or racially or ethnically objectionable content.
- Post content which infringes another's copyright, trademark or trade secret.
- Post unsolicited advertising or unlawfully promote products or services.
- Harass, threaten or intentionally embarrass or cause distress to another person or entity.
- Impersonate another person.
- Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
- Exploit children under 18 years of age.
- Engage in disruptive activity.
- Introduce viruses, worms, Trojan horses and/or harmful code to the website.
- Obtain unauthorized access to any computer system through the website.
- Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age).
- Solicit personal information from children under 13 years of age.
- Violate any federal, state, local, or international law or regulation.
- Encourage conduct that would constitute a criminal or civil offense.
This website is intended to serve a general audience and does not provide specific features or services targeted at children under age 13. We do not knowingly solicit personal information regarding children under age 13.
8. Intellectual Property Rights.
Unless otherwise noted, all content contained on this website is the property of GearSay and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of content submitted by users. By submitting such content, however, you grant us (and those we work with) a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, host, store, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the content from our systems, even if you stop using the Services.
9. Copyright Infringement; Notice and Take Down Procedures.
If you believe that any materials on this website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. Our agent for copyright issues relating to this website is: Jeffrey A Stein, % Wilmer Cutler Pickering Hale and Dorr LLP, 60 State Street, Boston MA 02109, (ph) 617 526 6000, (f) 617 526 5000; firstname.lastname@example.org.
In order to access the Services, you may be required to register and establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
11. Disclaimer of Warranty.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information available from the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Without limiting the foregoing statements, such information, opinions, advice or other content may include recommendations about dietary, physical fitness or other matters. GearSay does not endorse any such recommendations and is not responsible for their suitability for you or any other person.
ALL TEXT, IMAGES, AND OTHER INFORMATION ON GEARSAY OR ACCESSIBLE THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, GEARSAY DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH THE SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Limitation of Liability.
IN NO EVENT SHALL GEARSAY BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF GEARSAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
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.
14. Links to Third-Party Websites.
The website contains links to non-GearSay websites that are provided to you as a convenience. Any outside website accessed from our website is independent from GearSay, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such non-GearSay websites.
15. No Implied Endorsements.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by GearSay of that third party or of any product or service provided by a third party. Likewise, a link to any non-GearSay website does not imply that we endorse or accept any responsibility for the content or use of such a website. GearSay does not endorse, warrant or guarantee any product or service offered by any third party through this website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
16. Jurisdictional Issues.
We make no representation that information on this website is appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user's access to the Services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to the Services.
20. Entire Agreement.
If you do not comply with these terms and we don't take action right away, that doesn't mean that we are giving up any rights that we may have, including taking action in the future.
21. For Additional Information.
Copyright © 2015, GearSay, Inc. All Rights Reserved.