Terms Of Use

  1. Introduction to Terms and Use of all Geekoterre Site/s

    As a parent or guardian you give your consent for your child to register with any Geekoterre site/s and to become a member of the Geekoterre Trailblazers Club, a subscription based service. You agree to be bound by these Terms of Use in respect of your child’s use of the site/s.

    You acknowledge that these Terms of Use are supported by reasonable and valuable considerations and accept the possibility of the publicity and promotion from our use or display of your solicited submissions.

  2. Use of Content in the Geekoterre Trailblazers Club

    Geekoterre site/s are for personal use only. You may not use any Geekoterre site/s for commercial purposes, or in any way that is unlawful, or harms us or any other person or entity.

    All information, functions, materials and other content (including submissions) are our copyrighted property, or the copyrighted property of our licensors or licensees. All trademarks, slogans, trade names, service marks and trade dress are proprietary to us. We may change the site/s or delete content or features at any time, in any way, for any reason.

    Except as we specifically agree in writing, no content from any Geekoterre site/s may be used, transmitted, reproduced, distributed or otherwise exploited in any way other than as part of any Geekoterre site/s, not even as part of a derivative work, except where any Geekoterre site/s is configured to enable the download of particular content.

    You may download any such content only once, to a single computer, for your personal, non-commercial home use only, unless you have received written permission from us. You must keep intact all copyright and other proprietary notices, make no modifications to and do not rent, lease, loan, sell, distribute, copy, (except to create a one-only back-up for your own purposes), or create any derivative works based on any Geekoterre site/s, in whole, or in part, unless you have written permission from us.

    You may not use the content in an unlawful manner or in a manner that suggests an association with any of our products, brands or services. You may not use our content for any other purpose, including but not limited to ‘re-mailing’, or high volume or automated use, or use any of our content on any other web site, or networked computer environment, without our written permission. This is a violation of our copyright and other proprietary rights and is strictly prohibited.

    You agree and acknowledge that nothing in these Terms of Use shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, trade names, service marks, trade dress or other proprietary rights in any Geekoterre site/s, or content or any part thereof to you or any third party, nor to authorize you to create derivative works based on the content. You undertake to not do anything, or any act, which is inconsistent with, or likely in any way to prejudice such title.

  3. Geekoterre Trailblazers Club Submissions

    In these Terms of Use the word ‘Submissions’ means text, messages, ideas, concepts, pitches, themes, suggestions, stories, recipes, riddles, story lines, poems, jokes, tongue twisters, formats, artwork, photographs, drawings, videos, audio-visual works, musical productions, songs, lyrics, sound recordings, characterizations, Geekoterre names, likenesses, voices, user names, profiles, appearances, actions, performances, comments, biographical information, articles, posts, or any other material that you or your child may submit, post, upload, embed, display, communicate or otherwise distribute on or through any Geekoterre site/s.

    There are two forms of submissions: Solicited and Unsolicited.

    Solicited Submissions that we expressly request, or enable Geetkoterre Trailblazers Club members to provide us via any feature or activity on any Geekoterre site/s, for our review, or display, possibly for specifically-defined consideration or compensation e.g. prizes, or promotion in a variety of forms, or for no consideration, according to the dictates of the producers and managers of the sites.

    We ask that you do not submit, or distribute any Unsolicited Submissions on any Geekoterre site/s.

    All Submissions you make are not in confidence or trust and no confidential or fiduciary relationship is intended, or created between you and us in any way, or at any time and that you have no expectation of any review, compensation, or consideration of any sort, other than that publicly stated, prior to and after the submission is made.

    We reserve the right to publish or not publish any submission made without question or any expectation of review. Our decision shall be final. No unsuitable material shall be published that would harm any Geekoterre site/s or any other entity.

    We, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all submissions and we shall not be liable to you or to any person, claiming through you, for any exploitation, or disclosure of any submission.

  4. Accounts

    Members agree to provide, maintain and update true, accurate, current and complete information about a member, as prompted by our registration process. You shall not impersonate any person or entity, or misrepresent your identity, or affiliation with any person or entity, including using another person’s name, username, password, or other account information, or another person’s likeness, voice, image or photograph. You acknowledge that you may not sublicense, transfer, sell or assign your Membership or Account ID.

    Any attempt to sublicense, transfer, auction, sell, or assign your Membership or Account ID will cause your membership to be voided. Any such attempts, regardless of whether made by you the Account Holder, or any other person on your behalf, will result in immediate termination of the Account.

    You agree to promptly notify us at Geekoterre of any unauthorized use of your username, password or any other account information, or any other breach of security that you may become aware of, or are involved in, relating to any Geekoterre site/s. In addition, you agree to exit from your account at the end of each session.

    Subject to applicable law, we may suspend or terminate your Account and your ability to access any Geekoterre site/s, or portion thereof, for failure to comply with these Terms of Use, or any special terms related to a particular service, for infringing copyright, of for any other reason we deem necessary.

    Users shall comply with any applicable currency exchange control requirements. Before completing your subscription transaction you may review the transaction and correct any mistakes, or withdraw from the transaction. Access to the Service is available immediately on payment of the subscription transaction fee.

  5. Subscriptions, Renewals and Products

    The site is built for middle readers, ages 9-12 years old (tweens). However, everyone who is young at heart can enjoy the wonders of Geekoterre and join the Geekoterre Trailblazers Club, provided they abide by the Rules of the Club and the Terms of Use. However, membership may be limited from time to time.

    Membership is through a paid subscription only.

    From time to time you may purchase products from any Geekoterre site/s.

    When you sign up to our virtual world of Geekoterre and other ongoing services, you have the right to cancel your subscription at any time, after you first sign up.

    You may cancel your automatically renewable subscription, or any other recurring charge as disclosed to you on the relevant site, by using the correct Upgrade/Cancellation form.

    Our information practices and how we use, distribute and collect personal information are set forth in the Privacy Policy.

    The term of the auto-renewal of any subscription shall be the same as the period of the initial subscription, unless otherwise disclosed by you at the time of purchase, or the cancellation and setting up of a new subscription, or an upgrade. Any charges made in connection with the automatic renewal subscription, shall be made at the rate of the original purchase of the service, unless we notify you of a change before such change is made.

  6. Type of Credit Cards Accepted on all Geekoterre Site/s

    Where payment is required, Visa and Mastercard will be accepted on all Geekoterre Sites. Payment is in Au$ (Australian dollar).

  7. Public Forum

    The term ‘Public Forum’ refers to an area, site or feature offered on any Geekoterre site/s, which offers the opportunity for users to Post Submissions for viewing, by one or more of any Geekoterre site/s, including any chat area, message board, Trailblazer gallery, or Club community environment.

    You acknowledge that public forums and features offered therein are public and not private communications and you have no expectation of privacy with regard to any submission in a public forum. We cannot guarantee the security of any information you disclose through any of this media form. You make such disclosures at your own risk.

    We retain the right to publish only material that is suitable to any Geekoterre site/s and in the terms of the Privacy Policy and the Terms of Use of any Geekoterre site/s.

    Should you be sceptical, critical, or disapproving in your opinion of any information published by others on any Geekoterre site/s, you must respect the right of others to express their own opinion. We do not endorse the opinions, advice or recommendations posted, or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

    We reserve the right to screen, refuse to post, edit, store and, or review Submissions at any time. From time to time and for any or no reason, including without limitation, to refuse to post any unacceptable material, in order to ensure that the Submissions conform to the Terms of Use and Club Rules at our absolute and sole discretion, without prior notice to you.

    If we elect to screen Submissions, there may be a delay in the posting of such content to the Public Forum, to allow for the review process. If we have questions regarding any Submission, including without limitation, the copyright, we may contact you for further information, including to verify that you own the copyright, or otherwise have obtained permission to post the material

  8. Disqualification of a Member

    At Gekeoterre we retain the right to disqualify any member from any Geekoterre site/s, if that member is found breaking the Club Rules, or Terms of Use. That member will be warned and notified by email. A second offense will result in the member being disqualified or banned from the club, temporarily or permanently, at the discretion of the producers of any Geekoterre site/s, without any expectation of redress.

    At Gekeoterre we have adopted and implemented a policy that provides for the termination, in appropriate circumstances, as determined by us at our sole discretion, for any member infringing on copyright, for fraudulent, abusive or otherwise illegal activity.

  9. Disclaimer

    Subject to applicable law, the content on or otherwise related to any Geekoterre site/s or any third party sites, or services linked to, or from any Geekoterre site/s, is provided ‘as is’ and without conditions or guarantees, or warranties of any kind, to the fullest extent permissible pursuant to applicable law.

    We disclaim all conditions and warranties, express or implied, including subject to applicable law, those of merchant ability, fitness for a particular purpose, accuracy, completeness, availability or security, compatibility and non-infringement.

    We do not warrant that any content will be error-free, that access thereto will be uninterrupted, that defects will be corrected, or that any Geekoterre /s, or the servers that make such content available, are free of viruses or other harmful components. Moreover, subject to applicable law, you assume the entire cost of all necessary servicing, repair, or correction.

    We do not warrant or make any representations regarding the use, or the results of the use of any content. You hereby irrevocably waive any claim against any member, or staff at Geekoterre, with respect to content and any content you provide to third party sites, (including credit card and other personal information), to the fullest extent permitted by applicable law.

    Geekoterre site/s may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be held responsible for the accuracy, efficacy, or veracity of any content generated by our users.

    The contents of any Geekoterre site/s are intended for educational and entertainment purposes only. Such content is not intended to and does not, constitute legal, professional, medical or healthcare advice, or diagnosis and may not be used for such purposes. Reliance on any information appearing on any Geekoterre site/s is strictly at your own risk.

  10. Indemnification

    Members are responsible for maintaining the confidentiality of their user name, password and account, besides all activities that occur under their account.

    You, the member, hereby agree to indemnify, defend and hold us and our group undertakings, licensors, licensees, distributors, agents, representatives and other authorized users, harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties, in connection with any claim arising out of any breach by you, of these Terms of Use, or claims arising from your use of any Geekoterre site/s and your accounts. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

  11. Limitation of Liability

    Subject to applicable law, under no circumstances, including negligence, shall we or anyone associated with any Geekoteree site/s, or any licensor, or licensees, or Indemnified Parties, be liable to you, or any other person, or entity, or any direct, indirect, incidental, special or consequential damages, including lost profits, personal injury, (including death), or property damage of any nature whatsoever, (a) that results from the use of, or the inability to use, any Geekoterre site/s, or access content on any Geekoterre site/s; (b) the conduct or actions, whether online or offline, of any user of any Geekoterre site/s, or any other person, or entity, even if we have been advised of the possibility of such damages.

    Subject to applicable law, in no event shall our total liability to you for any damage, losses and causes of action, whether in contract, tort, (including negligence) or otherwise, exceed the amount paid by you if any, or $100, (whichever is the less), for access or participating in any activity related to any Geekoterre site/s. Moreover, subject to applicable law, under no circumstances shall we, our licensors or licensees, or any other of the foregoing entities, be held liable for any delay or failure in performance, resulting directly, or indirectly from an act of force, or causes beyond our or their reasonable control.

    The limitations, exclusions and disclaimers in this section and elsewhere in these Terms of Use, apply to the maximum extent permitted by applicable law. You agree that any cause of action you may have arising out of or related to these Terms Of Use or any Geekoterre site/s, must commence within one (1) year (or the minimum statutory applicable period) after the cause of action occurs, otherwise such cause of action shall be permanently barred.

    Those who access any Geekoterre site/s do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local law.

  12. Amendments

    Subject to applicable law, at any time, we may amend these Terms of Use (including modification, deletion and or addition to any portion hereof).

    If we make a material amendment to these Terms of Use, we will notify you of such amendment by sending you an email at the last email address that you provided us, or by placing a notice on the Geekoterre Trailblazer Buzz.

    Any such amendment will be effective thirty (30) calendar days following the positing of a notice on the Geekoterre Trailblazer Buzz. At all times you are responsible for updating your personal information to provide us with your current email address. Our placing of the notice on the Geekoterre Trailblazer Buzz will constitute effective notice of any amendment described in this notice.