Effective as of March 30, 2015
The GearNetwork.com website is comprised of various web pages operated by GearNetwork, Inc. (“GearNetwork”), a California corporation. GearNetwork is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of GearNetwork constitutes your agreement to all such Terms, which GearNetwork may modify from time to time. Please read these terms carefully, and keep a copy of them for your reference. You are authorized to use this Site only if you agree to abide by all applicable laws, rule, and regulations (“Applicable Law”) and the Terms of this Agreement.
You represent and warrant that:
Your Membership may be terminated without warning if we believe that you are under 18 years of age or have otherwise falsified your age.
Visiting GearNetwork.com or sending emails to GearNetwork constitutes electronic communications. Youou consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that GearNetwork is not responsible for third party access to your account that results from theft or misappropriation of your account. GearNetwork and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
GearNetwork bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay GearNetwork all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize GearNetwork to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. GearNetwork may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This section includes any agreements you made with GearNetwork on the Website when becoming a Member or subscribing to the Service. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, GearNetwork may in its discretion terminate your account immediately. If GearNetwork successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or membership reinstated.
Your membership will continue indefinitely until cancelled by you. After your initial membership commitment period, and again after any subsequent membership period, your membership will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your membership, please go in and go to “Your Account” follow the directions contained therein. If you cancel your membership, cancellation is effective immediately. In addition, you won’t be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period. By becoming a member, you authorize GearNetwork to charge your Payment Method now and again at the beginning of any subsequent membership period. You also authorize GearNetwork to charge you for any sales or similar taxes that may be imposed on your membership payments. Upon the renewal of your membership, if GearNetwork does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that GearNetwork may either terminate or suspend your membership and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new membership commitment period will begin as of the day payment was received).
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify GearNetwork if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at “Account Settings” on the Website. If you fail to provide GearNetwork any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
GearNetwork does not claim any ownership rights in the content that you post (“Your Content”) through or in connection with the GearNetwork services. You continue to retain all rights that you may have in Your Content, subject to the following limited license: You hereby grant to GearNetwork a limited license to use, edit, publicly perform, publicly display, reproduce, and distribute Your Content solely on, through or in connection with the GearNetwork services, including without limitation, through GearNetwork applications, widgets, websites or mobile, desktop, or other services which are linked with your GearNetwork registration (Linked Services), including, without limitation, distributing part or all of the GearNetwork services and any of Your Content included therein, in any media formats and through any media channels. This limited license does not grant GearNetwork the right to sell or otherwise distribute Your Content outside of GearNetwork services or Linked Services. After you remove Your Content from GearNetwork services, we will in our sole discretion, cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. Notwithstanding the foregoing, you understand and agree that once Your Content is distributed to Linked Services or incorporated into other aspects of the GearNetwork services, we are under no obligation to delete that content, and therefore it may continue to appear and be used indefinitely.
The license you grant to GearNetwork is non-exclusive (meaning you are free to license Your Content to anyone else in addition to GearNetwork), fully-paid and royalty-free (meaning that GearNetwork is not required to pay you or anyone else deriving right from you for the use on the Site or in connection with the GearNetwork services,) and sublicensable (so that GearNetwork is able to use its affiliates, subcontractors and other partners such as internet content delivery networks and wireless carriers to provide the GearNetwork services elsewhere.)
The GearNetwork services contain content of Users and other GearNetwork licensors. Except as provided within this agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any content (except Your Content) appearing on or through the GearNetwork services.
GearNetwork’s own content is protected by copyright, trademark, patent, trade secret and other laws, and GearNetwork owns and retains all rights therein. GearNetwork hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the GearNetwork content (excluding any software code) solely for your personal use in connection with viewing GearNetwork and using the GearNetwork services.
GearNetwork™ is the exclusive trademark of GearNetwork, Inc. You may not use this mark, or a confusingly similar mark or domain name to promote your business, goods or services, or in ways that may create the perception that GearNetwork endorses your business, goods or services, unless you are specifically authorized in writing to do so by GearNetwork.
GearNetwork may display advertisements, promotions, and other information alongside Your Content and you are not entitled to any compensation in connection with such postings.
GearNetwork may not be used for commercial purposes except for permitted commercial use by Members (posting items for lease or hire). Illegal and/or unauthorized use of the GearNetwork services, including, without limitation, unauthorized commercial advertisements, affiliate links, collecting usernames, user ID numbers, email addresses of Members, and other forms of unauthorized date collection, unauthorized framing of or linking to GearNetwork or employing third party promotional sites or software to promote anything for money, is prohibited.
You are solely responsible for the content that you post on, through or in connection with any of the GearNetwork services, and any materials or information that you transmit to other Members and for your interactions with other Users. You may not post any form of Prohibited Content that contains any information or content that we deem unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, harassing or humiliating. You may not engage in any form of Prohibited Activity that violates third party rights of any kind, including without limitation any Intellectual Rights, rights of publicity and privacy.
GearNetwork may reject, refuse to post or delete any content for any or no reason, including, but not limited to content that in the sole judgment of GearNetwork violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.
GearNetwork reserves the right to investigate and take appropriate legal action against anyone who, in GearNetwork’s sole discretion, violates these provisions, including, without limitation, removing the offending material without notice or explanation, terminating your Membership and/or reporting such activity to law enforcement authorities.
GearNetwork assumes no responsibility for monitoring the GearNetwork services for inappropriate content or conduct. Even if GearNetwork chooses, in its sole discretion, to monitor the GearNetwork services, GearNetwork assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting such content. If you become aware of a misuse of the GearNetwork services, please contact us.
GearNetwork respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is GearNetwork’s policy to terminate, in appropriate circumstances, the membership of repeat infringers. If you believe your work has been copied and posted on or through GearNetwork services in a way that constitutes copyright infringement, please send GearNetwork’s Copyright Agent a notification of claimed infringement with all of the following information:
Please notify GearNetwork’s Copyright Agent of the claimed infringement at the following address:
P.O. Box 999
Ross, CA 94957
If you receive a notice from GearNetwork that we have received an infringement claim about Your Content, and you believe that the content is not infringing, or that you have authorization from the intellectual property owner, or pursuant to the law, to post and use the content, you may send a counter-notice. Our infringement notice will give you specific guidelines for doing so.
GearNetwork may contain links to other websites. The Linked Services are not under the control of GearNetwork and GearNetwork is not responsible for the contents of any Linked Services, including without limitation any link contained in a Linked, Service or any changes or updates to a Linked Service. GearNetwork is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GearNetwork of the site or any association with its operators.
Certain services made available via GearNetwork are delivered by third party sites and organizations. By using any product, service or functionality originating from the GearNetwork domain, you hereby acknowledge and consent that GearNetwork may share such information and data with any third party with whom GearNetwork has a contractual relationship to provide the requested product, service or functionality on behalf of GearNetwork Users and customers.
The service is controlled, operated and administered by GearNetwork from our offices within the USA, specifically, within California. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the GearNetwork Content accessed through GearNetwork in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless GearNetwork, its officers, directors, employees, agents and third parties, for any claims, losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any User postings made by you, your violation of any terms of this Agreement including your representations and warranties hereunder, or your violation of any rights of a third party, or your violation of any Applicable Laws, rules or regulations. GearNetwork reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GearNetwork in asserting any available defenses.
You are solely responsible for your interactions with other Members, third party developers or any other parties with whom you interact through GearNetwork services and/or Linked Services. GearNetwork reserves the right, but has no obligation, to become involved in any manner with these disputes
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. changes are periodically added to the information herein. GearNetwork, inc. and/or its suppliers may make improvements and/or changes in the site at any time.
GearNetwork, inc. and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind, express or implied. GearNetwork, inc. and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. More specifically GearNetwork is not responsible for and makes no warranties, express or implied, as to the user content or the accuracy and reliability of the user content posted through or in connection with the GearNetwork services, or the Linked Services, or by Users of GearNetwork services or Linked Services. GearNetwork is not responsible for any damage, injury or loss caused by Users of GearNetwork services or by any of the equipment or services associated with or utilized in GearNetwork services or Linked Services.
Profiles and Linked Services created and posted by members on, through or in connection with the GearNetwork services may contain links to other websites or services. GearNetwork is not responsible for the content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by GearNetwork. Including of any linked website or service on GearNetwork does not imply approval or endorsement of the linked website or service by GearNetwork. When you access these third party sites and services, you do so at your own risk. GearNetwork takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with GearNetwork services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties.
GearNetwork is not responsible for the conduct, whether online or offline, of any user of GearNetwork services or Linked Services. GearNetwork assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication. GearNetwork is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of GearNetwork services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with GearNetwork services or Linked Services. under no circumstances shall GearNetwork be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of GearNetwork services or Linked Services, attendance at a GearNetwork event, from any user content posted on or through GearNetwork services or Linked Services, or from the conduct of any Users of GearNetwork services, whether online or offline.
Gear network’s services and Linked Services are provided “as is” and as available and expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GearNetwork cannot guarantee and does not promise any specific results from use of GearNetwork services or Linked Services.
GearNetwork reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
This Agreement shall be governed by, and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. If a dispute arises under this Agreement, you agree to promptly notify GearNetwork of the dispute and to work together with GearNetwork in good faith to attempt to resolve it. If we are unable to resolve the dispute, either party may commence mediation through any mediation service in a venue mutually agreeable to both parties. If litigation is necessary, you and GearNetwork agree to submit to the exclusive jurisdiction of the court located in the Northern District of California to resolve any dispute arising out of the Agreement or GearNetwork’s services. You agree that (i) the GearNetwork website shall be deemed solely based in California; and (ii)_ the GearNetwork website shall be deemed a passive website that does not give rise to personal jurisdiction over GearNetwork, either specific or general, in jurisdictions other than California.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and GearNetwork as a result of this agreement or use of the Site. GearNetwork’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GearNetwork’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by GearNetwork with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and GearNetwork with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and GearNetwork with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
GearNetwork reserves the right, in its sole discretion, to change the Terms under which GearNetwork.com is offered. The most current version of the Terms will supersede all previous versions. GearNetwork encourages you to periodically review the Terms to stay informed of our updates.
GearNetwork welcomes your questions or comments regarding the Terms:
P.O. Box 999
Ross, CA 94957