GeeK NoiZe forums and information resources are provided to you ("Guest") under the terms and conditions of this Terms of Service agreement (TOS), and any operating rules or policies that may be published by GeeK NoiZe. The TOS comprises the entire agreement between Guest and GeeK NoiZe, and supersedes all prior agreements between the parties regarding the subject matter contained herein. By using these services, you are indicating your agreement to be bound by all of the terms and conditions of the TOS.

Email addresses or other personal information provided by Guest will be used solely for the purpose of administering GeeK NoiZe forums and services. Personal information provided by Guest will not be sold or redistributed to any third party. GeeK NoiZe will not use Email addresses or personal information provided by Guest to engage in SPAMMING, or send unsolicited Email advertisements. In the case of criminal or legal investigations, information will be provided to the proper authorities as required by law. Guest acknowledges and agrees that certain technical processing of messages and other content posted to GeeK NoiZe by Guest may be required. Posting a contribution constitutes consent to any further use of the contribution by GeeK NoiZe. GeeK NoiZe reserves the right to monitor the site contents and to modify or remove specific content but we have no obligation to do so.

Guest is solely responsible for the contents of his or her transmissions through the service. Guest's use of the service is subject to all applicable local, state, national and international laws and regulations.
Guest agrees:

(1) to abide by the TOS

(2) to comply with U.S. Law regarding the transmission of technical data exported from the United States through the service

(3) not to use the service for illegal purposes

(4) not to interfere or disrupt networks connected to the service and

(5) to comply with all regulations, policies and procedures of networks connected to the service.

GeeK NoiZe makes use of the Internet to send and receive certain messages; therefore, Guest's conduct is subject to Internet regulations, policies and procedures. Guest agrees not to transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, obscene, or offensive material, or any material which infringes third party intellectual property rights. Guest further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Guest shall not interfere with another Guest's use and enjoyment of the service or another entity's use and enjoyment of similar services. GeeK NoiZe may, at its sole discretion, immediately terminate service should Guest's conduct fail to conform with these terms and conditions of the TOS.

Guest expressly agrees that use of the service is at Guest's sole risk. The service is provided on an "as is" and "as available" basis. GeeK NoiZe assumes no responsibility for the deletion of or failure to store message and information databases. GeeK NoiZe disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. GeeK NoiZe makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does GeeK NoiZe make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. Guest understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at Guest's own discretion and risk and that Guest will be solely responsible for any damage to Guest's computer system or loss of data that results from the download of such material and/or data. Any references to companies or corporations, their services and products, are provided "as is" without warranty of any kind, either expressed or implied. In no event shall GeeK Noize, or the author thereof, be liable for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of life, use, data, or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. All information is subject to change without notice. Some jurisdictions do not allow the exclusion of certain warranties.

Guest acknowledges and agrees that GeeK NoiZe neither endorses the contents of any Guest communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. GeeK NoiZe shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of Guest's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles, even if GeeK NoiZe has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages.

Guest acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements, or commercially produced information presented to Guest by GeeK NoiZe ("content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Guest is only permitted to use this content as expressly authorized by GeeK NoiZe or the advertiser. Member may not copy, reproduce, distribute, or create derivative works from this content without expressly being authorized to do so by GeeK NoiZe or the advertiser.

GeeK NoiZe reserves the right to modify or discontinue the service with or without notice to Guest. GeeK NoiZe shall not be liable to Guest or any third party should GeeK NoiZe exercise its right to modify or discontinue the service.

Guest warrants that Guest is free to enter into and abide by the terms of this agreement and that Guest is the sole owner or licensor of any messages or other content transmitted by Guest via the service, including but not limited to text, graphics, programs and sound or video files (the "material"). Guest additionally warrants that none of the material as transmitted via the service shall interfere or infringe under common law or statutory law with the rights of any other party, including without limitation, contract rights, copyrights, trademarks, patents and rights of privacy, and Guest has obtained all necessary clearances and permissions. Guest's representations and warranties are true as of the date of this agreement and shall remain true for as long as the material shall remain in the archives of the service. Guest agrees to indemnify, hold harmless and defend (with counsel approved by GeeK NoiZe) GeeK NoiZe from any and all losses, actions, controversies, demands, suits, proceedings, claims or causes of action of any kind whatsoever, whether by formal or informal proceeding, or by letter, brought or asserted in any manner, and all liabilities, losses, claims, costs, interest, penalties, demands, expense and damages whatsoever (including reasonable attorney's fees and costs of suit, whether incurred before, during or the appeal of any trial, bankruptcy proceeding, arbitration or alternative dispute resolution program), regardless of cause or responsibility for negligence and whether or not caused by Guest, GeeK NoiZe or others, related to or arising, directly or indirectly, from (i) breach by Guest of any representation, warranty or covenant herein, or (ii) use of the service by Guest.

GeeK NoiZe retains the right, at GeeK NoiZe's sole discretion, to determine whether or not Guest's conduct is consistent with the letter and spirit of the TOS and may terminate service if a member's conduct is found to be inconsistent with the TOS. Either Guest or GeeK NoiZe may terminate the service with or without cause at any time and effective immediately. GeeK NoiZe shall not be liable to Guest or any third party for termination of service. Should Guest object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the service in any way, Guest's only recourse is to immediately:

(1) discontinue use of the service;

(2) terminate service membership.

Upon termination of the service, Guest's right to use the service and software immediately ceases.

All notices to a party shall be in writing and shall be made either via Email or conventional mail. GeeK NoiZe may broadcast notices or messages through the service to inform Guest of changes to the TOS, the Service, or other matters of importance; such broadcasts shall constitute notice to Guest. LAWS The TOS shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions. Guest and GeeK NoiZe agree to submit to the exclusive jurisdiction of the courts of the State of California. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. GeeK NoiZe's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GeeK NoiZe in writing. Guest and GeeK NoiZe agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

END of TOS