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August 23, 2014
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Terms and Conditions

Acceptance of Terms of Service

Welcome to the Internet site of Geeky Chic, Inc. and its subsidiaries (collectively, "GC") which reference these Terms and Conditions, including, without limitation, www.THEGENTEEL.com (the "Site").  By accessing, browsing, or otherwise using the Site (the "Services"), you agree, without limitation or qualification, to be bound by these Terms and Conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with the Services, or, all as may be changed or modified by GC from time to time in accordance with these Terms and Conditions. When we post changes to these Terms of Conditions, we will revise the "last updated" date at the bottom of this page.  Accordingly, you should check the date of these Terms and Conditions and review any changes since the last version.  If at any time you do not agree to these Terms and Conditions, you may not use the Site.  You are responsible to ensure that your access to the Site and material available on or through it are legal in each jurisdiction in or through which you access or view the site of such material.

Copyright and Trademarks

All content included in the Site, such as text, graphics, logos, button icons, images, audio clips, data, software and other content (the "Content"), including the compilation of such Content, and the Services are: Copyright © Geeky Chic, Inc., its affiliates and/or licensors.  All rights reserved.   All such Content is protected by copyright laws.  The compilation of all content on this website is the exclusive property of GC and is protected by copyright laws. GC, its affiliates and/or licensors grant you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal, private and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Site or any of the Services, including, without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.

The Genteel and Genteel and all associated designs and logos are trademarks of Geeky Chic, Inc.  All other product, brand and company names and logos used or mentioned on the Site or any of the Services may be trademarks or registered trademarks of their respective owners.  Any use of any trademarks appearing on the Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited. 

Modifications

GC reserves the right at any time, in its sole discretion, to change, modify, suspend or discontinue any aspect of the Site, Content or the Service, from time to time, without notice or liability for any reason whatsoever.  You agree that GC shall not be liable to you or to any third party for any change, modification, suspension or discontinuance of the Site, or of any Service, Content, feature or product offered through the Site.

User Conduct

In consideration of the availability, and your use of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using the Site. You acknowledge that GC may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:

  • post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site and Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site, the Services or the Internet;
  • defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
  • post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
  • post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.

Responsibility For Minors

In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Site; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Site may contain material that is inappropriate for minors.

Forums and Content Submissions

By uploading materials to any chat board or forum available on the Site (collectively "Forums") or otherwise submitting any materials to us through any other content generating or submitting service on the Site, you automatically grant (or warrant that the owner of such materials expressly grants) GC and its affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the limited purposes of publishing and promoting such materials in connection with the Forum or other service through which the materials were submitted or generated, and for all promotions thereof. Such license will apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. GC and/or its affiliates and licensors cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that GC reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.

All letters, articles, comments, and other material submitted for publication may be published, distributed and stored by GC, its assignees and its licensees in whole or in part, in print or by any other means, including but not limited to electronic, worldwide and in perpetuity, without compensation to the author.

Disclaimer 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY OF THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT EACH OF GC, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY, THE "GC GROUP") DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; AND (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GC GROUP SPECIFICALLY MAKES NO WARRANTIES THAT THE SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Personal Information Submitted Through the Website

Your submission of personal information through this website is governed by our Privacy Policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the website.  These Terms of Use incorporates by reference the terms of the Privacy Policy.

Content Linked to the Site

Please exercise discretion while browsing the Internet. Please note that certain links on the Site may take you to other websites. GC provides these links only as a convenience and not as an endorsement by GC. These linked sites are not necessarily under the control of GC. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. GC is not responsible for the content of any such linked sites or any other web page which is not part of the Site and under GC's control. Unless otherwise expressly provided, the GC Group makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that the GC Group will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Site.

Dealings with Third Parties

You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Site or any of the Services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. The GC Group assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions will be yours alone. You agree that the GC Group will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

Monitoring

You acknowledge that GC has no obligation to monitor the Site or any content accessible through the Site. However, you agree that GC has the right to monitor the Site electronically from time to time and to disclose any information, including your personal information, as necessary to satisfy any law, regulation or other governmental request, to operate the Site or any of the services properly, or to protect itself or its users in accordance with the Privacy Policy.

Indemnification

You agree to defend, indemnify and hold harmless each member of the GC Group and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of the Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the Site or through any of the Services. You will use your best efforts to cooperate with the GC Group in the defense of any claim. The GC Group reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE GC GROUP BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER GC HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF THE SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE SITE OR ANY OF THE SERVICES.

Submission of Ideas or Suggestions

GC is always improving the Site and Services and developing new features. If you have ideas or suggestions regarding improvements or additions, GC would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES WILL ANY DISCLOSURE OF ANY IDEA OR SUGGESTION OR RELATED MATERIAL TO GC AND/OR ITS AFFILIATES OR LICENSORS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL TO GC AND/OR ITS AFFILIATES OR LICENSORS, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO GC AND/OR ITS AFFILIATES OR LICENSORS THAT THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL AND THAT GC AND/OR ITS AFFILIATES OR LICENSORS IS FREE TO IMPLEMENT THE IDEA OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY GC AND/OR ITS AFFILIATES OR LICENSORS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

General Provisions

These Terms and Conditions you have entered into are personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between GC and you pertaining to your use of the Site, Services and Content and supersede any prior agreements between you and GC with respect to the subject matter hereof. GC's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions will not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof) contained herein. Except where prohibited by applicable law, any cause of action you may have with respect to your use of the Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. No changes to these Terms and Conditions will be made except as expressly contemplated herein. 

Applicable Law 

These Terms of Use shall be construed in accordance with the laws of Ontario the federal laws of Canada applicable therein, without regard to any conflict of law provisions.  

The Site and Services are controlled, operated and administered by GC from its offices within Canada. GC makes no representation or warranty that the Site or any of the services are appropriate or available for use at any locations outside Canada. If you access the Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through the Site in violation of applicable export laws and regulations. These Terms and Conditions will be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.

Last modified: September 20, 2011.

Copyright © 2011 Geeky Chic, Inc. and/or its affiliates and licensors. All Rights Reserved.

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