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  1. GENERAL

1. The Services are offered by TGS to enable you to see, experience, acquire products and learn more about different fandoms related to: movie, shows, videogames, cartoons, anime, books, etc. Certain portions of the Websites also will provide you with a platform to acquire different goods related to the topics mentioned above as more fully described in Section 6. Through the Services you will be exposed to a wide range of information, including, possibly, photographs, communications, music, videos, artwork, messages, and merchandise (collectively, "Content"). Some of the Content may be provided by us while other Content may be provided by other users of the Services or third party merchandisers (each a "User" and, collectively, "Users"). Content provided by Users, including any public postings or communications with other Users of the Services (including, without limitation, any Project Feedback (defined below)) and any General Feedback (defined below), is, collectively, "User Content."

2. Use by or on Behalf of an Entity. If you are using the Services on behalf of a company, entity or organization (each a "Subscribing Entity"), then you represent and warrant that you: (a) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms and (b) agree to be bound by these Terms on behalf of such Subscribing Entity.

3. Changes to these Terms. The Websites and all Services (but not the Third Party Sites) are owned and operated by TGS. TGS reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Websites. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. It is incumbent upon you to visit this page periodically to ensure your continued acceptance of these Terms. Your continued use of the Services after a revised version of these Terms has been posted by TGS to the Websites constitutes your binding acceptance of such revision and the revised Terms. Notwithstanding the preceding sentences of this Section 1.3, no revisions to these Terms will apply to any dispute between you and TGS that arose prior to the date of such revision.

4. Evolving Nature of Services. The Services are continually under development and changes to the Services may be made at any time. If you disagree with the Terms or are in any way dissatisfied with the Service, we hope you will let us know by sending an e-mail to thegeek.sto@gmail.com, but your sole remedy is to discontinue your use of the Services.

5. Consideration. You understand and agree that these Terms are entered into in consideration of your use of the Services and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.

6. Jurisdictional Issues. The Websites and the Service are controlled and operated by TGS from its offices in Mexico. However, portions of the Services are targeted for users located in the United States of America. TGS makes no representation that Content available on or though the Services are appropriate or available for use in locations other than Mexico, the United States of America. Those who choose to access or use the Services from locations other than Mexico and the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Services from jurisdictions where the Content or practices of the Services are illegal, unauthorized or penalized is strictly prohibited. If access to any Content made available on either Website or via the Services by you shall give rise to any liability for TGS outside of Mexico or the United States of America or require that TGS obtain any licenses for activities outside of Mexico or the United States of America, then you are expressly prohibited from using or accessing the Service through any means or channel.

   

   2. USE OF THE SERVICE

1. TGS may provide the Services through the Websites, Applications, Third Party Sites, and other channels owned or operated by or on behalf of TGS, and any other media or channels now known or hereafter developed, including, but not limited to, in conjunction with other products or services offered by third parties. The Services may require that you agree to additional terms and conditions, including those of Third Party Sites. Any terms and conditions required by TGS for use of any portion of the Services offered by TGS (but not those of any Third Party Site) will, unless otherwise expressly stated in such terms, supersede these Terms in the event of a conflict only as to the services with respect to which those terms relate. Such additional terms and conditions (if any), but not those of any Third Party Sites, are hereby incorporated into and made a part of these Terms by reference. You may also be subject to the terms of use of any Third Party Sites and you are solely responsible for your acceptance of and compliance with such terms. For the avoidance of doubt, these Terms apply to any of our Applications.

   

   3. CHILDREN

1. The Service is not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER. By using the Services, you affirm that you are at least 18 years of age. If you are 13 to 17 years of age, then you must obtain your parent or guardian’s consent to use the Services and by using the Services you hereby represent that you have obtained such consent. TGS does not seek to gather personal information from or about children under the age of 13 through the Services.

   

     4. PRIVACY

1. Use of the Services is governed by TGS’s Privacy Policy, which policy is hereby incorporated into these Terms by reference. Please be sure to review our Privacy Policy https://thegeeksto.wixsite.com/thegeek/privacy-policy before using the Services.

   

   5. SERVICE SECURITY

1. We have gone to great lengths to develop the Services and may, from time to time, take steps to protect the integrity or operation of the Services. If you violate these Terms in any way, as determined in our sole discretion, we may terminate your right to use the Services without any liability to you. We reserve the right to investigate any alleged or suspected violations of these Terms and, if a criminal violation is suspected or harm to the Services or any other Users or person, property or thing is expected, anticipated or feared, then TGS may refer such suspected violations or activities to law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Services. You hereby consent in advance to such disclosures and agree that you will not have any claims against TGS arising out of such disclosures to law enforcement agencies.

 

   6. LICENSES

1. License to the Services. We grant you a limited, revocable, non-assignable, non-sublicensable, royalty free license to access and use the Services solely in accordance with the Terms and pursuant to any authorized functionalities of the Services, including the right to access and view content made available through the Services. Except as expressly provided for in these Terms, there are no implied licenses for the use of the Services or for any Content made available on or through the Services, and the license granted herein is for your personal, non-commercial use only. No commercial uses of the Services are hereby authorized without our separate written consent, which may be withheld for any reason.

2. Trademarks. All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to TGS or to other companies where so indicated. Unless otherwise permitted by law, you may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

3. User Content. This section governs any User Content you upload or transmit to or through the Services:

• a.       General Feedback. You further grant TGS a royalty-free license throughout the universe to Use, without any payment or accounting to you or any other third party, any concepts, know-how, ideas or inventions that you (and those who act on your behalf) upload or transmit to or through the Services or to us through email (collectively, "General Feedback").​

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   7. THE TGS SHOP

1. 1 Products Sold by TGS.

• a.    TGS may offer products, including physical and digital goods, contents (the "Products") for sale through certain portions of the Websites (the "TGS Shop"). The price for each Product shall be displayed at the point of purchase. You shall be responsible for the payment of any Product purchased by you through TGS Shop (each such purchase, a "Transaction"), as well as any shipping costs, taxes or other fees associated with your Transactions.

• b.    TGS reserves the right to immediately halt the offering or sale of any Products, in its sole and absolute discretion, without any liability to any User, and to correct any inaccurate listing or technical problems with any Products. If you identify any inappropriate Products available via the Services, then please send a detailed e-mail notice to thegeek.sto@gmail.com identifying the inappropriate Product and a brief explanation of why such Product is inappropriate.

• c.    Replacement Products. TGS may redistribute previously purchased copies of physical or digital Products, if, in TGS’s sole determination, a purchaser of such Product received a corrupted or otherwise damaged item. TGS shall not charge a User a fee for a re-download, in case of a digital product. However in case of a physical product replacement, the User shall be responsible only for the shipping fee. If any physical or digital product you have purchased is corrupted or otherwise damaged, then please send an e-mail explaining the problem and the circumstances under which such problem arose to thegeek.sto@gmail.com TGS may terminate, in its sole and absolute discretion, the account of any User that is deemed to be abusing this provision.

1. 2 Payment.

• a.    Currency. All charges and payments for Transactions will be made in U.S. currency unless otherwise specified. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card, debit card or other payment method provider.

• b.    Methods of Payment. Your Transactions can only be made using an approved payment method. You must be authorized to use the payment method used to make purchases through the Services. All Transactions made through the Services will be confirmed by an e-mail sent to the e-mail address provided by the User upon making any purchase. If you have any questions regarding any purchase confirmation you receive, then please direct your questions to thegeek.sto@gmail.com

• c.    Prices. Published prices do not include taxes, duties or shipping and may be changed without notice at any time. You agree to indemnify and hold TGS harmless from any claims by any taxing authority arising out of your Transactions through the Services.

• d.    Refunds. All Transactions are final, and TGS does not offer refunds for any purchased Products. If any Product purchased by you is corrupted or otherwise damaged, then please contact thegeek.sto@gmail.com for assistance in receiving a replacement, to the extent TGS offers a replacement for such product in its sole and absolute discretion.

• e.    Cancellation of Payments and Purchases. Payments and purchases may not be cancelled by you, except as required by law. However, TGS reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a Transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, then there may be a hold on your use of that transaction amount for several days.

• f.      Coupons. TGS may offer coupons ("Coupons") from time-to-time. The terms of Coupons, such as the expiration date, will be set forth on the face of the applicable Coupon. Coupons are not redeemable for cash.

1. 3.    Title. 

• Risk of loss and title for physical Products pass to you upon delivery of such Products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Title to digital Products that you purchase will pass to you upon delivery of the Products. The purchase of a Product shall not transfer any intellectual property rights in any Products unless specifically noted.

1. 4.    Shipping. 

• When you place an order for a physical Product, the Product will be shipped to the address you designated at the time of purchase. 

 

   8. PROHIBITED ACTIVITIES

1.  In using the Services you agree not to:

• a.       Create a false identify or impersonate another person or entity in any way;

• b.      Upload or otherwise transmit to or through the Services any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Content;

• c.       Upload or otherwise transmit to or through the Services any Objectionable Content;

• d.      Upload or otherwise transmit to or through the Services any material that can cause harm or delay to the Service or computers of any kind;

• e.       Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);

• f.       Restrict, discourage or inhibit any person from using the Services, disclose personal information about a third person on the Service or obtained from the Services without the consent of such person, or collect information about users of the Services;

• g.      Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Services or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of the Services, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by TGS;

• h.      Gain unauthorized access to the Services, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;

• i.        Reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Services, use of the Services, access to the Services or Content obtained through the Services, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without GTS’s express written consent:

• i.            copying, caching or reformatting any materials accessed through the Services for commercial purposes in any fashion whatsoever, whether by copying to physical or electronic media for purposes of buffering delivery or converting transmissions from the Services to alternative delivery formats;

• ii.            framing, embedding and/or passing off information obtained from the Services in such a manner as to present them as originating from a source other than the Services;

• iii.            altering, defacing, mutilating or otherwise bypassing any approved software through which the Services are made available; and

• iv.            using any trademarks, service marks, design marks, logos, photographs or other Content belonging to GTS or obtained from the Services.

• j.        Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services;

• k.      Remove, disable, damage, circumvent or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any part of the Services or any Content (including User Content) accessible on or through the Services, or features that enforce limitations on the use of the Services or any Content accessible on or through the Service;

• l.        Use any scraper, spider, robot or other automated means of any kind to access the Services, except and solely to the extent permitted by these Terms and the features of the Services, deep-link to any feature or Content (including User Content) on the Service, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;

• m.    Interfere with or disrupt the Services, networks or servers connected to the Services or violate the regulations, policies or procedures of such networks or servers;

• n.      Violate any applicable federal, state or local laws or regulations or these Terms; or

• o.      Assist or permit any persons in engaging in any of the activities described above. 

 

    9. DISCLAIMER OF CONTENT (INCLUDING USER CONTENT)

THE FOLLOWING TERMS IN THIS SECTION 8 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

1.  YOU UNDERSTAND THAT WHEN USING THE SERVICES, YOU MAY BE EXPOSED TO CONTENT (INCLUDING USER CONTENT) FROM A VARIETY OF SOURCES, AND THAT TGS IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT (INCLUDING USER CONTENT) THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST TGS WITH RESPECT THERETO.

2.  UNDER NO CIRCUMSTANCES WILL TGS BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY CONTENT (INCLUDING USER CONTENT), INCLUDING, BUT NOT LIMITED TO, FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (INCLUDING USER CONTENT) OR PRODUCTS DISPLAYED, PERFORMED, TRANSMITTED OR ACCESSIBLE ON OR THROUGH THE SERVICES. BY ACCESSING OR USING ANY CONTENT (INCLUDING USER CONTENT) DISPLAYED, PERFORMED, TRANSMITTED OR ACCESSIBLE ON OR THROUGH THE SERVICES, YOU WAIVE ANY AND ALL CLAIMS AGAINST TGS THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO SUCH CONTENT.  

 

   10. LINKS TO THIRD PARTY SITES

1. Links. The Services provide links to Third Party Sites. These links are for convenience only. If you use these links, you will leave the Services. TGS is not responsible for the availability of or the content provided by these Third Party Sites, or for any viruses or other damaging elements encountered in linking to a Third Party Site, whether or not TGS is affiliated with the owners of such Third Party Sites. In addition, the linking to Third Party Sites is not an endorsement or approval by TGS of the organizations owning, operating, or sponsoring such Third Party Sites or their products or services. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites. Notwithstanding the immediately preceding sentence, the use of any portion or feature of the Services available on or through a Third Party Site will continue to be subject to these Terms.

2. No Liability for Third Party Sites. YOU AGREE THAT TGS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY THIRD PARTY ADVERTISING ON THE SERVICE. 

 

   11. INDEMNITY

1. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless TGS and its parent, subsidiaries, affiliates, investors, partners, sub licensees or any related companies, licensors and suppliers, and its and their respective directors, officers, employees, agents, representatives, contractors, and assigns from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, attorneys’ fees and court costs) arising from or in any way related to: (a) your use or misuse of the Services; (b) your breach or other violation of these Terms, including any representations, warranties and covenants herein; (c) any User Content uploaded by you on or through the Services; or (d) your violation of the rights of any other person or entity, including any intellectual property or other protected rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us if we, in our reasonable discretion, conclude that you are not adequately protecting our interests or are incapable of protecting our interests, and you agree to cooperate with our defense of these claims. We shall provide you with notice (email shall suffice) in the event we assume the defense or control of any matter pursuant to this Section 11; provided we have information necessary for contacting you. You agree not to settle any matter for which you are obligated to indemnify TGS without the prior written consent of TGS. We will use reasonable efforts to notify you of any such claim, action or proceeding for which it is seeking indemnity from you upon becoming aware of it, but TGS inability to contact you shall not relieve you of your indemnification obligation. 

 

   12. ADDITIONAL DISCLAIMERS

1. THE FOLLOWING TERMS IN THIS SECTION 12 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

2. THE SERVICES AND ANY CONTENT AND PRODUCTS ACCESSIBLE ON AND THROUGH THE SERVICES (INCLUDING USER CONTENT) ARE PROVIDED BY TGS ON AN "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

3. TGS AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TGS, AN EMPLOYEE OR REPRESENTATIVE OF TGS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.  TGS AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.  YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT AND PRODUCTS THROUGH THE SERVICES OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT OR PRODUCTS.  ALL PRODUCTS PURCHASED ON OR THROUGH THE SERVICES, WHETHER PURCHASED FROM TGS OR A THIRD PARTY, ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TGS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SERVICES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TGS HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.  TGS MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.

 

   13. LIMITATIONS

1. IN NO EVENT WILL TGS OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICES OR ANY CONTENT MADE AVAILABLE OR PRODUCTS PURCHASED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF TGS OR ITS LICENSORS OR SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TGS OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (1) ONE HUNDRED DOLLARS ($100.00) OR (2) THE AMOUNT OF FEES YOU HAVE PAID TGS (IF ANY) IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

 

   14. TERM AND TERMINATION

1. Term. These Terms, as amended, will be effective commencing with your first use or registration of the Services and will remain in full force and effect until terminated as set forth below.

2. Termination by TGS. TGS may terminate your use of the Services or any of our features or services at any time and for any reason, with or without notice, including, but not limited to, for conduct violating these Terms or upon TGS’s sole determination as necessary to protect the Services, other Users of the Services, or TGS or its partners and affiliates. You hereby agree to TGS’s broad right of termination. You agree that if your use of the Services is terminated pursuant to these Terms, then you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, then you will indemnify and hold us harmless from any and all liability that we may incur therefor.

3. Termination by You. You are free to terminate your use of the Services at any time. You can simply choose to stop visiting or using any aspect of the Services. If you wish to terminate your account on the Services, you may do so by sending an e-mail to thegeek.sto@gmail.com or using any other account termination functionality that may be offered through the Services.

 

   15. MISCELLANEOUS

1. Governing Law; Entire Agreement. This is the entire agreement between you and TGS relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms made by TGS as authorized in these Terms. These Terms will be governed solely by the laws of the State of Puebla, without regard to its conflicts of laws principles.

2. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of TGS to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

3. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

4. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TGS without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. These Terms will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.

5. No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TGS as a result of these Terms or use of the Services.

6. Survival. The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms, including, but not limited to, Sections 4 (Privacy), 5 (Service Security),  6 (Licenses), 8 (Prohibited Activities), 12 (Disclaimer of Content, Including User Content), 13 (Links to Third Party Sites), 14 (Indemnity), 15 (Additional Disclaimers), 13 (Limitations), 14 (Term and Termination), and 15 (Miscellaneous).

7. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

8. E-mail Communications. You hereby authorize TGS to communicate with you about the Service via email during the Term and at least once following the Term to confirm any termination of these Terms.

9.  Contact Information for TGS. The services here under are offered by The Geek Store Inc. located at Puebla, MEXICO, 72430. You may contact us by sending correspondence to the foregoing address or by emailing us at thegeek.sto@gmail.com. The preceding Mexican phone number is not a toll free number and international calling rates may apply if calling from the United States.