Terms of Use for GeekWire.com and GeekWork.com, and GeekWire events
Last updated: Jan. 26, 2014
Welcome, and thank you for your interest in GeekWire.com, GeekWork.com, or both. These Terms of Use (this “Terms of Use” or “Agreement”) sets forth the terms and conditions for use of the GeekWire.com and GeekWork.com online sites, as well as all related web sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet application), and other services provided by GeekWire, LLC and on which a link to this Agreement is displayed (collectively, the “Service”). Geekwire, LLC is referred to as “GeekWire,” “us,” “we,” or “our.” You, the user of the Service, is referred to as “you” or “your.”
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ANY GUIDELINES AND RULES PROVIDED VIA THE SERVICE AND THE PRIVACY POLICY, WHICH ARE HEREBY INCORPORATED BY REFERENCE INTO THIS AGREEMENT. If you are not eligible or do not agree to the terms and conditions of this Agreement, do not access or use the Service.
This Agreement provides that all disputes between you and GeekWire will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the arbitration agreement in Section 17 for the details regarding your agreement to arbitrate any disputes with GeekWire.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement on a going-forward basis without prior notice. Please check this Agreement periodically for changes. If a change to this Agreement materially modifies your obligations, we will notify you of the change in a reasonable way (for example, by posting the modified terms and a notice on the Service), and you will be required to accept the Agreement and its modifications in order to continue to use the Service. Material modifications are effective upon your acceptance of modified terms of use. Immaterial modifications will become effective immediately upon being posted on the Service. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. For the avoidance of doubt, disputes arising under this Agreement will be resolved in accordance with this Agreement as in effect at the time the dispute arose.
General Principles
Be nice.
GeekWire.com provides users with technology news reporting and a forum to discuss technology issues. GeekWork.com provides users with information and tools to find high quality talent and high quality projects. Please be friendly and nice to other users of the Geekwire.com and GeekWork.com communities. Use constructive language and be courteous toward others’ good-faith efforts.
Follow the content Golden Rule.
Please don’t add clutter to the sites. Illegal, spam, pornographic, inappropriate, or irrelevant content is considered clutter and will be deleted. Follow the Golden Rule: add content that you would like to read, given the purposes of the Service.
Don’t be litigious.
Our complete Terms of Use (below) is intended to cover our backs from those that want to be bullies and limits our potential liability. But please talk to us, email us, call us, or write us if you have any concerns, and we will respect your concerns and try to resolve them. We hope to be a resource for the public good and are willing to discuss anything with you–hopefully without paying someone else to talk for us (lawyers’ fees).
Now, here is the boring stuff that we expect you to read, and that you are agreeing to, by accessing GeekWork.com or GeekWire.com:
1. Disclaimer of Warranties.
(a) Disclaimer of Accuracy of Information; Be Careful with Your Personal Information. WE DO NOT FACT-CHECK WORK PROFILES OR JOB POSTINGS AND HAVE NO WAY OF INDEPENDENTLY VERIFYING THE ACCURACY OF INFORMATION OR IDENTITY GIVEN TO US BY ANY USER. YOU SHOULD ALWAYS BE CAUTIOUS ABOUT GIVING PERSONAL INFORMATION TO STRANGERS OR POSTING IT IN A PUBLIC PLACE WHERE INFORMATION COULD BE USED TO HARM, HARASS, OR OTHERWISE BE USED AGAINST YOU.
(b) Disclaimer of Employment Relationship. GEEKWIRE IS NOT RESPONSIBLE FOR EMPLOYMENT OR HIRING DECISIONS. JOBS LISTED ON THE SERVICE DO NOT CONSTITUTE AN EMPLOYMENT RELATIONSHIP WITH GEEKWIRE OR ANY THIRD PARTY.
(c) “As Is” Service. THE SERVICE AND ALL MATERIALS (AS DEFINED BELOW) AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVALABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GEEKWIRE SPECIFICALLY (FOR PURPOSES OF EXAMPLE) DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. GEEKWIRE DOES NOT WARRANT THAT THE SERVICE, OR ANY PART OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, CORRECT, ACCURATE, RELIABILE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT IT WILL CORRECT ANY ACTUAL OR PERCEIVED DEFICIENCIES IN THE SERVICE.
(d) No Implied Warranties; Assumption of Risk. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAIALBLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERIVCE, YOUR DEALING WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT ON OR THROUGH THE SERVICE AND ANY ASSOCIATED SITE OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE.
(e) Inapplicable Disclaimers. SOME JURSIDICATIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE ABOVE-REFERENCED DISCLAIMERS ARE APPLICABLE TO THE EXTENT NOT PROHIBTED BY APPLICABLE LAW.
2. Limitation of Liability
(a) No Consequential Damages. GEEKWIRE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER AND, IN PARTICULAR, GEEKWIRE WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO THE SERVICE, THE MATERIALS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW , OR OTHERWISE, EVEN IF GEEKWIRE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
(b) Liability Cap. YOU AGREE THAT THE AGGREGATE LIABILITY OF GEEKWIRE TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT) OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO GEEKWIRE FOR THE PARTICULAR PORTION OF THE SERVICE GIVING RISE TO THE CLAIM OR (ii) $50.
(c) Inapplicable Limitations on Liability. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(d) Basis of the Bargain. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLIAMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 2 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
3. Indemnification
You will be responsible for your use of the Service, and will defend, indemnify and hold harmless GeekWire, its parents, subsidiaries, affiliates, officers, directors, consultants, agents and employees, from and against any and all claims, demands, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of this Agreement or any representation, warranty, or agreement referenced in this Agreement, or any applicable law or regulation; (iii) your violation of any third party right including, for example, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to any matter), and you agree to cooperate with our defense of these claims.
4. Your Account
(a) Account Information. To access features of the Service, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about you (such as an e-mail address or other contact information). You will provide accurate information and keep it accurate and up-to-date at all times. You must not provide information that is inaccurate or personally unrelated.
(b) Passwords and Security. When you register for one or more accounts, you will be asked to provide one or more passwords. You are solely responsible for maintaining the confidentiality of your account(s), username(s) and password(s). You are entirely responsible for any and all activities which occur under your account(s) whether authorized or not authorized. You agree to notify GeekWire immediately of any unauthorized use of your account(s) or any other breach of security known or that should be known to you. Your right to use the Service is personal to you. You agree not to resell or make any commercial use of the Service without the express written consent of GeekWire.
5. Termination, Discontinuation, Modification, and Interruption
Your account remains in effect until you terminate it or GeekWire terminates your account as provided under this Section 5. Any job postings or other offers available on the Service remain in effect until the sooner of the stated end date or the date the position is filled or any quotas for other offers are exhausted, respectively, unless earlier terminated by the user who posts, uploads or distributes a job posting or offer. If you violate any provision of this Agreement, your permission to use the Service will terminate automatically. Additionally, GeekWire, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time (including, for example, by limiting or discontinuing certain features of the Service) without notice to you. GeekWire has the right to delete your account and content subsequent to an extended period of inactivity. GeekWire also reserves the right to modify, suspend or discontinue the Service with or without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@geekwire.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination and will have no right to re-imbursement of fees, if any, pre-paid for the Services. You acknowledge and accept that GeekWire does not guarantee continuous, uninterrupted or secure access to our Service and operation of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third Party Services and Sites
Our Service may include tools that enable you to export information, including User Content (as defined below), to third party services, including through features that allow you to link your account on GeekWire with an account on a third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer information to the applicable third party services. Third party services are not under our control, and we are not responsible for their use of your exported information. Our Service may also include links to other sites on the Internet that are owned and operated by online merchants and other third parties (collectively, “Third Party Sites”). You acknowledge that we are not responsible for the availability of, or the content located on or through, any Third Party Site. You should contact the site administrator or webmaster for those Third Party Sites if you have any concerns regarding links or the content located on Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies of each site, and we are not responsible for your use of Third Party Sites. We encourage you to review the privacy policies of Third Party Sites.
7. Software
(a) Software Terms. The terms of this Section 7 govern your acquisition and use of software you obtain on or through the Service (the “Software”).
(b) Third Party Accounts. In order to use the Software, you may be required by the third party who is distributing or providing you access to the Software (e.g., Microsoft Corporation, Apple, Inc.) (each, a “Distributor”) to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Distributor. Your use of any account with a Distributor is subject to any terms, conditions, and policies, including privacy policies, of that Distributor. GeekWire is not responsible for any act or omission of any Distributor.
(c) License to the Software. Subject to your compliance with all terms and conditions set forth in this Agreement, GeekWire hereby grants to you a personal, limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to download, install, and use one object code copy of the Software solely on the device for which that Software was created. This limited license does not include any right to modify, distribute, prepare derivative works of, or grant sublicenses to use the Software. Furthermore, except as expressly permitted by applicable law, in order to protect the trade secrets and proprietary know-how contained in the Software, you will not decompile, disassemble, or reverse engineer the Software.
(d) Access to the Software. GeekWire does not provide you with the equipment to use the Software. You are responsible for all fees charged by third parties to access and use the Software (e.g., charges by mobile carriers).
(e) Special Terms Regarding Apple. If you download Software from Apple, Inc.’s App Store, your use of the Software must at all times be in accordance with the Usage Rules set forth in the Apple, Inc. (“Apple”) App Store Terms of Service, and you acknowledge that this Agreement is entered into solely between you and GeekWire. This Agreement is not intended to provide for usage rules for Software that are less restrictive than the Usage Rules set forth for “Licensed Applications” in, or that otherwise conflict with, the App Store Terms of Service as of the date that you accept the App Store Terms of Service (which you acknowledge you have had the opportunity to review). You also acknowledge and agree that: (i) if any third party claims that your possession or use of a Software infringes any third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of any related intellectual property infringement claim; (ii) Apple has no responsibility for addressing any claims relating to any Software, including but not limited to: (a) product liability claims; (b) maintenance and support; (c) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (d) any claim arising under consumer protection or similar legislation; and (iii) Apple and its subsidiaries are intended third-party beneficiaries of the terms of this Agreement that apply to any Software for the iOS, and that upon your acceptance of this Agreement, Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce those terms of this Agreement against you.
8. Governing Law; Jurisdiction of the Courts of Washington
This Agreement is governed by the laws of the State of Washington, without giving effect to any choice of law rules. To the extent that any lawsuit or court proceeding is permitted under this Agreement, you and GeekWire agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for the purpose of litigating those disputes. We operate our Service from Washington state and so we make no representation that the Service or the included Materials or User Content are appropriate or available for use in other jurisdictions. If you choose to access our Service you agree to do so subject to the internal laws of the State of Washington.
9. Compliance with Laws.
You assume all knowledge of, and are responsible for compliance with, all applicable law. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any User Content 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.
10. Code of Conduct
GeekWire restricts your use of the Service. You agree as a user of the Service to NOT engage in any of the following activities:
(a) interfering with the operation of the Service or any user’s enjoyment of the Service including, for example, by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, including, for example, transmitting spam, junk, or mass messaging, (iii) attempting to collect personal information about users or third parties without their consent, or (iv) interfering with, disrupting, or violating the regulations, policies, or procedures of any networks, equipment, or servers connected to or used to provide the Service;
(b) using a robot, spider, or other automatic device, or manual process to monitor or copy any part of the Service without prior written permission;
(c) using the Service for commercial purposes, including advertising any product, service, or position, unless expressly allowed to do so by GeekWire;
(d) using the Service in a manner that creates the appearance of conflicts of interest;
(e) performing any fraudulent activity including, for example, impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
(f) using the Service to violate or encourage others to violate any third party rights, including intellectual property rights such as copyrights, trademarks and patents;
(g) using the Service for any illegal purpose, or in violation of any local, state, national or international law, or using the Service to post content that promotes illegal activity;
(h) removing or changing information posted by other users or taking any action on behalf of another user unless expressly allowed by a form on the Service;
(i) creating user accounts using any automated means;
(j) posting, uploading, or distributing any content that is unlawful, defamatory, libelous, inaccurate; that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; or that is inaccurate, untruthful or incomplete;
(k) selling or otherwise transferring the access granted in this Agreement or any Materials or any right or ability to view, access, or use any Materials;
(l) attempting to do, or permitting any persons engaging in, any of activities mentioned above in this Section 10;
(m) GeekWire retains the right, at our sole discretion, to terminate any accounts we believe are involved with any of activities mentioned above in this Section 10.
11. Ownership; Copyright and Trademark Information
(a) GeekWire Materials. The Service is owned and operated by GeekWire. The visual interfaces, graphics, site design, text, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by GeekWire and our third party licensors, and the selection and arrangement of that content (collectively, the “Materials”), are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of GeekWire or our third party licensors, with all rights reserved. Except as expressly authorized by GeekWire, you may not make use of the Materials. GeekWire reserves all rights to the Materials not granted expressly in this Agreement. Any use of Materials on the Service, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of GeekWire, is strictly prohibited.
(b) GeekWire Marks. GeekWire, GeekWire.com, GeekWork, and GeekWork.com are the proprietary trademarks or service marks of GeekWire. You may not use GeekWire’s trademarks or service marks except as provided in these Terms.
(c) Third Party Marks. All other logos and trademarks displayed on the Service are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those websites or web software. In addition, use of trademarks or links to other websites is not intended to imply, directly or indirectly, that those websites endorse or have any affiliation with GeekWire.
12. Notification of Claimed Copyright Infringement
(a) Agent for DMCA Notification. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, GeekWire designates an agent for receipt of notifications of claimed copyright infringement. If you have any complaints with respect to material posted on the Service, you may contact:
By Mail:
GeekWire, LLC
1416 NW 46th Street Suite 105
PMB 246
Seattle WA 98107
By Email: support@geekwire.com
(b) DMCA Notices. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of the material that you claim is infringing and where it is located on the Service;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
(c) Repeat Infringers. GeekWire will promptly terminate without notice the accounts of users that are determined by GeekWire to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than once, has had User Content removed from the Service more than once, or both.
13. Eligibility
You must be at least 18 years of age to use the Service. By entering into this Agreement, you represent and warrant to us: (i) that you are at least 18 years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity, organization, or company to this Agreement and our Privacy Policy and you agree to be bound by same on behalf of that entity, organization, or company.
14. Payment
Access to the Service, or certain products, features, or other offers made available via the Service such as event memberships, employment listings and databases of startup information, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. GeekWire may change the fees for the Service or any feature of the Service, including by adding additional fees or changes, on a going-forward basis at any time. GeekWire will charge the payment method you specify at the time of purchase. You authorize GeekWire to charge all sums described in this Agreement to your chosen payment method. If you pay any applicable fees with a credit card, GeekWire may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
15. User Content
(a) User Content Generally. Certain features of the Service may permit users to post content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
(b) Limited License Grant to GeekWire. By posting or publishing User Content, you grant to GeekWire a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any use of your User Content by GeekWire under this Agreement may be without any compensation paid to you.
(c) Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you hereby grant to that user a non-exclusive license to access and use that User Content as permitted by this Agreement and the functionality of the Service.
(d) User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of your posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
(i) you are the creator and owner of, and have the necessary licenses, rights, consents, and permissions to use and to authorize GeekWire and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 15 and in the manner contemplated by GeekWire and this Agreement; and
(ii) your User Content, and the use of your User Content as contemplated in this Agreement, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
(e) User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. GeekWire may, however, at any time and without prior notice, screen, remove, edit, or block User Content that in our sole judgment violates this Agreement or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GeekWire with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, GeekWire does not permit copyright-infringing activities on the service.
16. Additional Terms
Your use of the Service is subject to any and all additional terms, policies, rules or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Term”), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service. All Additional Terms are hereby incorporated by reference into, and made a part of, this Agreement.
17. Dispute Resolution and Arbitration
(a) Generally. In the interest of resolving disputes between you and GeekWire in the most expedient and cost effective manner, any and all disputes arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GEEKWIRE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
(b) Exceptions. Nothing in this Agreement will be deemed to waive, preclude, or otherwise limit either party’s right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where enforcement actions are available, (iii) seek injunctive relief in a court of law, or (iv) file suit in a court of law to address intellectual property infringement claims.
(c) Arbitrator. Any arbitration between you and GeekWire will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules“) of the American Arbitration Association (“AAA“), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting GeekWire.
(d) Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice“).GeekWire’s address for Notice is: GeekWire, LLC, 1416 NW 46th Street, Suite 105, PMB 246, Seattle, WA 98107. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand“). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or GeekWire may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or GeekWire will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, GeekWire will pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by GeekWire in settlement of the dispute prior to the arbitrator’s award; or (iii) $50.00, whichever is greater.
(e) Fees. If that you commence arbitration in accordance with this Agreement, GeekWire will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in King County, Washington, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. You agree to reimburse GeekWire for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(f) No Class Actions. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GeekWire agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(g) Modifications. If GeekWire makes any future change to this arbitration provision (other than a change to GeekWire’s address for Notice), you may reject any change by sending us written notice within 30 days of the change to GeekWire’s address for Notice, in which case your account with GeekWire will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
(h) Enforceability. If subsection (f) of this Section 17 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 will be null and void and the exclusive jurisdiction and venue described in Section 8 will govern any action arising out of or related to this Agreement.
18. Consent to Electronic Communications
By using the Service, you consent to receive certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that communications be in writing.
19. Contact Information
The Service is offered by GeekWire, located at 1416 NW 46th Street, Suite 105, PMB 246, Seattle, WA 98107. You may contact us by sending correspondence to our address or by emailing us at support@geekwire.com. If you are a Washington state resident, you may have this Agreement mailed to you electronically by sending a letter to the our address with your email address and a request for this Agreement.
20. Other Terms
You consent to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy. This Agreement, together with our Privacy Policy and any other agreements expressly incorporated by reference in this Agreement, constitute the entire and exclusive understanding and agreement between you and GeekWire regarding your use of and access to the Service. Except as expressly permitted above, this Agreement may be amended only by a written agreement signed by authorized representatives of all parties to this Agreement. You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior, written consent. You agree that this Agreement and any other agreements referenced in this Agreement may be assigned by GeekWire at any time, in our sole discretion. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions. If any provision of this Terms of Use will be unlawful, void or unenforceable for any reason, the unenforceable part will be given effect to the greatest extent possible and the other provisions (and any partially-enforceable provision) will not be affected thereby and will remain valid, enforceable, and in full force and effect to the maximum possible extent. Upon termination of this Agreement, any provision that by its nature or express terms should survive will survive termination or expiration. For example, Sections 1, 2, and 3 will survive termination or expiration.
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