Terms/Privacy

GeekStyr, LLC Privacy Policy


Thank you for choosing to use the GeekStyr Dating App (the “Service”). The following is the GeekStyr Privacy Policy (the “Policy”), and explains how GeekStyr collects, stores, protects, and shares your information. This Policy exists in conjunction with our Terms of Service.


When you use the Service we collect information about you. In general, this information helps us provide better features for you. However, we may use that information in other ways. Regardless of how we use your information, we want to make sure it remains secure at all times. This Policy is meant to explain exactly how we protect your information – we knows it’s important that we get this right.


  1. Collection of Information


  1. General. For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to Name, Email Address, Phone Number, Date of Birth, Gender, Age, Sexual Preference, Photograph, Location, Social Media. The information that we request will be retained by us and used as described in this Policy. Use of your information may also be affected by third-party privacy policies of Facebook, Google, or Apple. Those privacy policies can be accessed at each of their respective websites.


Additionally, should you opt not to login via a social media account, you’ll be required to create a password with the registration of your account. This password can be reviewed and changed at any time by you while logged in.


  1. Facebook Permissions. The Service may by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, checkins, and likes, and you may choose to grant or deny us access to each individual permission.


  1. Log Data


We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics. Sometimes, we maintain this Log Data in raw format, because we have to. Times when this might happen include:


  1. Maintaining compliances with laws or a court order or other legal mandate;
  2. Resolving an issue or dispute involving your information;
  3. Fulfilling legitimate business interests, such as fraud prevention and enhancing our users’ safety and security.


  1. Cookies


Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.


This Service does not use these “cookies” explicitly. However, the Service may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.


  1. Use of Information


Our main goal is to give you a great experience while using the Service. In order to make this hapen, we may use your information to:


  1. Offer you our services and features;
  2. Contact you with information about the Service;
  3. Conduct research and analytics on how you use and interact with our Service;
  4. Personalize the Service and the content we show you;
  5. Resolve disputes between you and others;
  6. Investigate fraud, protect our legal rights, and enforce our Terms and Conditions.


  1. Disclosure of Information


In general, our policy is to not share your information. However, in certain instances we may do so. Times where we might share your information include:


  1. By Law or to Protect Rights. If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation.  This includes exchanging information with other entities for fraud protection and credit risk reduction.


  1. Third-Party Service Providers. We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance. Such parties will be required to maintain the security of your information.


  1. Marketing Communications. With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.


  1. Interactions with Other Users. If you interact with other users of the Service, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.


  1. Third-Party Advertisers.  We may use third-party advertising companies to serve ads when you visit the Service. These companies may use information about your visits to the Service and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.


  1. Business Transfers. In the event that GeekStyr or its affiliates undergoes a business transition or change of ownership, such as a merger, acquisition by another company, re-organization, or sale of all or a portion of our assets, or in the event of insolvency or bankruptcy, we may be required to disclose your information.


  1. California Privacy Rights


California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.


If you are under 18 years of age, reside in California, and have a registered account with the Service, you have the right to request removal of unwanted data that you publicly post on the Service. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California.  We will make sure the data is not publicly displayed on the Service, but please be aware that the data may not be completely or comprehensively removed from our systems.


  1. Changes to the Policy


We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.


  1. Security


GeekStyr takes the security of your information seriously and takes commercially reasonable efforts to ensure the protection of your information. However, no security measure is 100% secure, and we’re unable to guarantee that unauthorized access, hacking, data loss or other breaches will never occur. Follow these steps to help secure your account:


  1. Log out of your account when not in use;
  2. Don’t share your password with others;
  3. Change your password on a regular basis.


If you ever think someone has had access to your social media password, please report it to the relevant social media platform and change your password immediately. We cannot guarantee the security of your personal data while it is being transmitted to our site and any transmission is at your own risk.


WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY BREACHES OF SECURITY, DAMAGE TO YOUR DEVICE, OR ANY LOSS OR UNAUTHORIZED USE OF YOUR REGISTRATION INFORMATION OR OTHER DATA.


  1. Contact Us

If you have any questions, please contact us at:


GeekStyr, LLC

POBOX 1226

Dallas, TX 75275

info@geekstyr.com


Geekstyr, LLC Terms of Service

 

When users register, there should be a splash screen requiring them to express their consent to theTerms of Service and Privacy Policy. In the absence of such a screen(“clickwrap acceptance”), Courts are reluctant to rule that users are bound bythe terms.

 

1.    Acceptance of Terms

Geekstyr, LLC (“Geekstyr”) welcomes you to its online service (the “Service”). By using this Service, whether through a mobile device, mobile application or computer, you are agreeing to the following Terms of Service (the “TOS”) and the accompanying privacy policy (the “Privacy Policy”) which is incorporated by reference into this TOS, whether or not you are a registered user of the Geekstyr dating app or any website owned and operated by Geekstyr. The TOS maybe updated from time to time with or without notice to you. However, you can always find the latest TOS at [website address] and should check regularly for updates and changes.

 

In addition, when using the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to the TOS.

 

2.    Eligibility

 

You must be at least 18 years of age to create an account with Geekstyr and use theService. By creating an account and using the Service, you represent and warrant that:

 

·      you can form a binding contract with Geekstyr;

·      you are not a person who is barred from using the Service under the laws of theUnited States or any other applicable jurisdiction;

·      you will comply with this TOS and all applicable local, state, national and international laws, rules, and regulations; and

·      you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not registered as a sex offender with any state, federal, or local sex offender registry.

 

3.    Description of Service

 

Geekstyr makes available a collection of resources to its registered and non-registered users as the Service. These resources are generally related to the social networking and dating for persons involved in the gaming community, as generally understood. Geekstyr may, from time to time, expand the Service inits sole discretion. Unless explicitly stated otherwise, any new features which augment or enhance the Service, including without limitation the release of new Geekstyr properties, are subject to the then current TOS.

 

THE SERVICE IS PROVIDED "AS IS" AND GEEKSTYR ASSUMES NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING,IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, GEEKSTYR PROVIDES INFORMATION WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION.

 

4.    Facebook

 

In order to use Geekstyr, you may sign in using your Facebook login.  If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you share in common with other Geekstyr users. For more information regarding the information we collect from you and how we use it, please consult our PrivacyPolicy.

 

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Geekstyr, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact Geekstyr.

 

5.    Rules of Behavior

 

All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, Geekstyr can discontinue their ability to use the Service at any time. In addition, we have the right to delete any piece of content, and provide comment on any topic or profile we find objectionable in our reasonable discretion. In using the Service, you agree to abide by these general rules.

·      You are solely responsible for your own communications and content including any data, images, graphics, text, audio, video, email, links, and/or screen names you post to the Service. You agree to use the Service to post and receive communications and Content that are legal and proper.

·      You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.

·      You must not violate the privacy or publicity rights of others.

·      You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).

·      You must not solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.

·      You must not use another’s account.

·      You must not create another account if we have already terminated your account, unless you have our permission.

 

WHILE GEEKSTYR EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT GEEKSTYR SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUTBY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY GEEKSTYR IN WRITING.

 

6.    Rights Geekstyr Grants You

 

Geekstyr grants you a personal, worldwide, royalty-free, non-assignmable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Geeksytr and permitted by this TOS. Therefore, you agree not to:

 

·      use the Service or any content contained in the Service for any commercial purposes without our written consent.

·      copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Geekstyr’s prior written consent.

·      express or imply that any statements you make are endorsed by Geekstyr.

·      use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent then avigational structure or presentation of the Service or its contents.

·      use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.

·      upload viruses or other malicious code or otherwise compromise the security of theService.

·      forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.

·      “frame”or “mirror” any part of the Service without Geekstyr’s prior written authorization.

·      use meta tags or code or other devices containing any reference to Geekstyr or theService (or any trademark, trade name, service mark, logo or slogan of Geekstyr)to direct any person to any other website for any purpose.

·      modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.

·      use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.

·      use, access, or publish the Geekstyr application programming interface without our written consent.

·      probe, scan or test the vulnerability of our Service or any system or network.

·      encourage or promote any activity that violates this TOS.

 

7.    Rights You Grant Geekstyr

 

By creating an account, you grant to Geekstyr a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on theService or transmit to other users (collectively, “Content”). Geekstyr’s license to your Content shall be non-exclusive, except that Geekstyr’s license shall be exclusive with respect to derivative works created through use of theService. For example, Geekstyr would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Geekstyr can prevent the use of your Content outside of the Service, you authorize Geekstyr to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties.

 

Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Geekstyr users).

 

Inconsideration for Geekstyr allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on theService. By submitting suggestions or feedback to Geekstyr regarding ourService, you agree that Geekstyr may use and share such feedback for any purpose without compensating you.

 

You agree that Geekstyr may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i)comply with legal process; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

 

8.    Geekstyr Proprietary Rights;Trademarks and Copyrights

 

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of Geekstyr and its licensors, and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws.Except as expressly authorized by Geekstyr or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You also acknowledge Geekstyr's exclusive rights in the Geekstyr trademark and service mark.Trademarks, service marks, logos, and copyrighted works appearing on Geekstyr are the property of Geekstyr or the party that provided such intellectual property to Geekstyr. Geekstyr and any party that provides intellectual property to Geekstyr retain all rights with respect to any of their respective intellectual property appearing on Geekstyr, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.

 

 

9.    Third Party Links

 

TheService may contain advertisements and promotions offered by third parties and links to other web sites or resources. Geekstyr is not responsible for the availability (or lack of availability) of such external websites or resources.If you choose to interact with the third parties made available through ourService, such party’s terms will govern their relationship with you. Geekstyr is not responsible or liable for such third parties’ terms or actions.

 

10.  Purchases

 

In App Purchases. From time to time, Geekstyr may offer products and services for purchase (“in app purchases”) through iTunes,Google Play or other application platforms authorized by Geekstyr (each, a“Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAPAccount”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. SomeSoftware Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Geekstyr application from your device. Deleting your account on Geekstyr or deleting the Geekstyr application from your device does not cancel your subscription; Geekstyr will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.

 

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

 

For subscribers residing inArizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, NorthCarolina, Ohio and Wisconsin, the terms below apply:

 

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to are fund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you be come disabled (such that you are unable to use the services of Geekstyr) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

 

Purchases of Virtual Items areFINAL AND NON-REFUNDABLE.

 

To request a refund:

If you subscribed using your AppleID, refunds are handled by Apple, not Geekstyr. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request athttps://getsupport.apple.com.

 

If you subscribed using your GooglePlay Store account or through Geekstyr Online: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or Geekstyr Online (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number.

 

11.  Limitation of Liability

 

TOTHE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GEEKSTYR, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS ORUSE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USEOR ALTERATION OF YOUR CONTENT, EVEN IF GEEKSTYR HAS BEEN ADVISED AT ANY TIME OFTHE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL GEEKSTYR’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUTOF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY,BY YOU TO GEEKSTYR DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST GEEKSTYR, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED(WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OFTHE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

 

TH ELIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 15 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOSOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TOYOU.

 

12.  Disclaimer of Warranties

 

GEEKSTYR MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

No advice or information, whether oral or written, obtained by you from Geekstyr or through or from the Service shall create a warranty not expressly stated in these TOS.

 

13.  Personal Information

 

Geekstyr cautions you against giving out any personally identifying information about yourself, your children, or any other person in any Service. In an effort top reserve your privacy, Geekstyr agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in its Privacy Policy.

 

14.  Disclosures Required by Law

 

Geekstyr reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Geekstyr reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Geekstyr to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOS. Geekstyr will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that Geekstyr shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.

 

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD GEEKSTYR HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GEEKSTYR DURING ORAS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GEEKSTYR OR ANY LAW ENFORCEMENT OR EREGULATORY AUTHORITIES.

 

15.  Disputes

 

If there is any dispute about or involving Geekstyr and/or the Service, you agree that any dispute shall be governed by the laws of the State of Texas, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the Fifth Circuit, New Orleans, Louisiana.

 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

 

16.  Indemnification

 

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Geekstyr, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.