Effective Date of Last Revision: May 1, 2014

Welcome to thegeekplant.com, a web site that lets people submit app ideas to The Geek Plant. The web site is first and foremost designed to facilitate and provide general data and information to individuals or entities that submit an app idea. However, selected app ideas will further be developed by The Geek Plant and may ultimately be commercialized, produced and sold by The Geek Plant. The thegeekplant.com web site and its associated services (the “Services”) may be found at the domain and its related subdomains found at www.thegeekplant.com (the “Site”). The Site is owned and operated exclusively by The Geek Plant, LLC, a New York limited liability company, and its corporate affiliates (collectively referred to herein as “The Geek Plant”, "us", "we" or the "Company"). By creating an account and/or accessing or using the Site or by posting any content on the Site, you represent and warrant that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. If you have an account prior to any such changes, you will be prompted to review the revised Terms of Use, and accept them. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site or the Services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. PLEASE NOTE THAT BY AGREEING TO THE TERMS AND CONDITIONS PROVIDED FOR HEREIN YOU MAY BE TRANSFERRING VALUABLE INTELLECTUAL PROPERTY RIGHTS TO GEEK PLANT FOR ITS COMMERCIAL USE.

The Geek Plant Control of the Site and Services
You acknowledge that The Geek Plant is a service provider that has created the Site to allow Idea submitters to interact via the Site regarding topics and content chosen by Idea submitters. As a result, The Geek Plant has very little control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of content provided by Idea submitters. Nonetheless, The Geek Plant reserves the right to monitor and/or limit any content posted by an idea submitter to the Site, including, without limitation App Ideas.

Media Waiver
You agree that the Company has the absolute right and permission to use your name, voice, image, likeness, and your applicable compensation information, including for example any commissions paid, as well as representations made by you, in any media (including, without limitation, television, print, radio and the Internet), world-wide, for the purposes of advertising, promoting, reporting and disseminating information about the Company, the Company’s business or an accepted app idea.

Payments by the Company to App Idea Creators
The Company will share 25% of app net income with the idea submitter. Net income, also referred to as the bottom line, net profit, or net earnings - is an app's income minus cost of goods sold, expenses and taxes for an accounting period. Because the Company may elect in its sole discretion to cease commercializing any accepted app idea, there can be no guarantee that you will ever receive any payments or actual compensation in connection with participating or submitting on the Site. The Geek Plant makes no representations or warranties regarding any actual monetary compensation that may be earned in connection with use of the Site or the Services. The Geek Plant’s obligation to pay app net income to idea submitters, who are allocated such amounts pursuant to the Site, is limited to paying such allocations based upon App Sales Revenue that is actually received by The Geek Plant. Notwithstanding any App Sales Revenue that may be allocated to your account, The Geek Plant shall be under no obligation to distribute such amount to you until such time as the aggregate amount payable in your account exceeds $100. The Company will calculate all payments owed by the Company to an idea submitter as set forth above, on a daily basis, based on the previous day’s sales of a Accepted App Idea. All amounts earned by an idea submitter shall be rounded down to the nearest tenth of cent. If the total amount that an idea submitter earns for the previous day is less than a tenth of penny (e.g. $.001) then such amount shall be rounded down to zero and no amount will be credited to the Idea submitter. On an annual basis, The Geek Plant reserves the right to reset all Idea submitter accounts below $75 to $0 and to write-off all such unpaid amounts and The Geek Plant shall have no liability for any such write-offs. Prior to resetting any such account to $0, The Geek Plant will contact the Idea submitter associated with the account at the email address submitted, and request that the Idea submitter log into the account within thirty days. If the Idea submitter logs into the account within thirty days, The Geek Plant will not reset the account balance. The Geek Plant also reserves the right to withhold or forfeit payments due to any Idea submitter that has breached this Agreement or any of the other guidelines related to use of the Site. The Company will make payments to Idea submitters, upon request from Idea submitters for payments, by check, ACH, wire transfer (fee assessed to Idea submitter) or through any other commercially reasonable manner adopted by the Company from time to time. Subject to the foregoing terms, upon the death of an idea submitter, The Geek Plant will direct payments associated with the Influence accruing from the deceased Idea submitter’s participation on the Site prior to such Idea submitter’s death, to a replacement payee if: (a) the Person requesting a replacement payee presents verifiable documentation supporting the replacement payee’s legal entitlement to the deceased Idea submitter’s payments, and (b) the request for a replacement payee is received by The Geek Plant within one year from the date of the deceased Idea submitter’s death. If The Geek Plant does not receive a request for replacement payee that complies with the foregoing conditions, The Geek Plant may cancel the deceased Idea submitter’s account, and write-off any unpaid amounts, with no liability for any such write-offs.

Option to Acquire an Accepted App Idea
If an Accepted App Idea is not fully launched by The Geek Plant within twelve months of initial submission, the Accepted App Idea Submitter has the option to, within one week of the aforementioned twelve month deadline, acquire ownership from The Geek Plant of all Intellectual Property Rights in the developed and commercialized version of the Accepted App Idea, in return for paying The Geek Plant 10% of all revenues generated from such Intellectual Property Rights in perpetuity, and losing all accrued Influence concerning the Accepted App Idea. If the Idea Submitter exercises the aforementioned option, The Geek Plant shall receive a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, fully transferable license from the acquirer of the Intellectual Property Rights to use such Intellectual Property Rights in The Geek Plant’s business, but not to develop apps that compete with the acquired commercialized version of the Accepted App Idea. The foregoing acquisition of Intellectual Property Rights shall be contingent upon the acquirer signing The Geek Plant’s standard intellectual property assignment and license agreement memorializing the foregoing terms. All net revenues, less associated costs such as, without limitation, attorney fees, actually received by The Geek Plant in connection with the foregoing option shall be included with App Sales Revenue when determining payments to Idea submitters under the above section titled “Payments by the Company to Idea submitters.”

Tax Withholding and The Geek Plant Payee Information Form
You acknowledge and agree that you be responsible for all taxes due on any payments made to you in connection with your participation on the Site. The Company will be under no obligation to make any payments to you unless you have properly completed and submitted a W-9 to The Geek Plant and the information required in the registration process related to backup withholding taxes. Backup withholding taxes are a type of withholding for federal income taxes on certain types of income. The Geek Plant may be required by law to withhold these taxes from amounts payable to you unless you are otherwise exempt from backup withholding. US citizens and resident aliens will typically be exempt from backup withholding if they properly report their name and Social Security number to The Geek Plant on the W-9 and that information matches the IRS records.

Service Interruptions and Site Changes
The Geek Plant reserves the right to interrupt the Site with or without prior notice for any reason or no reason. You agree that The Geek Plant will not be liable for any interruption of the Site, delay or failure to perform. The Geek Plant has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site and/or the Services as it sees fit in its sole discretion.

Eligibility
Participation in the Site is void where prohibited. This Site is intended solely for idea submitters who are twelve (12) years of age or older. Any registration by, use of or access to the Site by anyone under 12 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Services or the Site, you represent and warrant that you are 12 or older, and that you agree to and will abide by all of the terms and conditions of this Agreement.

Registration Data; Account Security
In consideration of your use of the Site, you agree, where applicable, to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data and any other information you provide to Company, and keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Proprietary Rights in Site Content; Limited License
All Site Content is the proprietary property of the Company, its Idea submitters or other licensors, with all rights reserved. No Site Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to content that is legally posted on the Site, which is addressed in more detail in the section below titled “Ownership of content.” Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your own personal use, in connection with participating on the Site, during the duration of the development of an Accepted App Idea for which such Site Content was originally posted. Except for your own content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any use of the Site Content not explicitly permitted herein is strictly prohibited. The foregoing license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication or otherwise. The foregoing license is revocable at any time by the Company without notice and with or without cause.

Ownership of content
The Company and each Idea submitter that is a party to this Agreement acknowledges and agrees that, subject to the terms and conditions of this Agreement, Idea submitters may retain any and all applicable copyright and other Intellectual Property Rights with respect to any content that an idea submitter creates or submits using the Services, to the extent such Idea submitter has such rights under applicable law.

Notwithstanding the foregoing, you understand and agree that by submitting Content to any area of the Site, you automatically grant (and you represent and warrant that you have the right to grant): (i) to the Company: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to use, reproduce and distribute your idea within the Services, as permitted by you through your interactions on the Services, (b) the perpetual and irrevocable right to delete any or all of your content from Company owned, controlled or used servers and from the Site, for any reason or no reason, whether intentional or unintentional, and, without any liability of any kind to you or any other party; and (c) a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your content as the Company may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Services; and (ii) to other Idea submitters a limited license to access and use your content for their own personal use, in connection with participating on the Site, during the duration of the evaluation and development of a submitted App Idea for which such content was originally posted. Other than as expressly provided herein, no Idea submitter shall acquire any license or ownership in other Idea submitters’ content, provided however that in the event an idea submitter withdraws an app Idea from the Site in accordance with these Terms, and desires to adopt content provided by another Idea submitter for use away from the Site, such Idea submitters may agree among themselves, separate and apart from these Terms, to terms governing use of such content. Further, you agree to grant to Company a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise the copyright, publicity, and database rights you have in your account information, including any data or other information generated by your account activity, in any media now known or not currently known, in accordance with our privacy policy as set forth below.

In connection with any Accepted App Idea, to the extent that you submit content in connection with that Accepted App Idea and your content is incorporated or made part of any commercialized version of that App Idea, you hereby assign (and you represent and warrant that you have the right to assign) to Company, and agree to deliver such additional assignments or other instruments of transfer or Intellectual Property Rights perfection as may be reasonably requested by the Company, all of your right, title and interest in such content, including without limitation all Intellectual Property Rights. You further agree that you will not make any claims against the Company or any third party who is assigned or licensed rights in such content by the Company, based on any allegations that any activities by the Company or such third party infringe your (or anyone else's) Intellectual Property Rights in such content. You further acknowledge and agree that in connection with any such assignment you reserve no rights whatsoever and the Company shall have the right to enforce all Intellectual Property Rights in such content against you and any subsequent use by you of such content. You further acknowledge and agree that any compensation that you might receive as a result of submitting such content and its inclusion in a successfully commercialized App Idea, may be inadequate or below fair market value, and you expressly agree to bear such risk in connection with submitting content on the Site. The provisions of this Section may be specifically enforced by either the Company or any third party who is assigned or licensed rights in such content by the Company, and any such third party is intended to be a third party beneficiary of this provision.

You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your content hereunder, including without limitation, any rights or obligations you may or may not have concerning Open Source Software; (ii) you are solely responsible for, and the Company will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Site, including without limitation any legal consequences relating to your or any other Person’s Intellectual Property Rights or Proprietary Information; and (iii) The Geek Plant’s acknowledgement hereunder of your Intellectual Property Rights in your content does not constitute a legal opinion or legal advice, but is intended solely as an expression of the Company’s intention not to require Idea submitters of the Site to forego certain Intellectual Property Rights with respect to content they submit to the Site, subject to the terms of this Agreement, including without limitation each Idea submitter’s agreement to assign all right, title and interest in content that is included in a commercialized Accepted App Idea.

The Geek Plant retains ownership of Idea submitter data, regardless of any Intellectual Property Rights in content.

You agree that even though you may retain certain copyright or other Intellectual Property Rights with respect to content that is submitted or created by The Geek Plant, you do not own the account you use to access the Site, nor do you own any data The Geek Plant stores on its servers (including without limitation any data representing or embodying any or all of your content). Your Intellectual Property Rights in any content, if any, do not confer any rights of access to the Site, the Services or any rights to data stored by or on behalf of the Company.

Trademarks
“THE GEEK PLANT” and other The Geek Plant graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress (collectively, the “Marks”) of The Geek Plant in the U.S. and/or other countries. The Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any app or service in any manner that is likely to cause confusion or association or affiliation with The Geek Plant and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Conduct by Idea submitters; Prohibited Conduct
You agree that you shall not: (i) take any action or upload, post, email or otherwise transmit to or via the Site any content that infringes or violates any third party rights, including without limitation all Intellectual Property Rights, or that constitutes any other Person’s Proprietary Information; (ii) impersonate any Person without their consent, including, but not limited to, a The Geek Plant employee, or falsely state or otherwise misrepresent your affiliation with any Person; (iii) take any action or upload, post, email or otherwise transmit to or via the Site any content that violates any law or regulation; (iv) take any action or upload, post, email or otherwise transmit to or via the Site any content as determined by The Geek Plant at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, email or otherwise transmit to or via the Site any content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) take any action or upload, post, email or otherwise transmit to or via the Site any content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit to or via the Site any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that the Company considers in its sole discretion to be of such nature; (viii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ix) attempt to gain access to any other Idea submitter’s account or password; or (x) "stalk", abuse or attempt to abuse, or otherwise harass another idea submitter; (xi) charge any third party for use of the Site or the Services; or (xii) modify, adapt, reverse engineer, decompile or attempt to discover the source code of the Site or any of its algorithms that are utilized to allocate Influence. Any violation by you of the terms of the foregoing may result in immediate and permanent suspension or cancellation of your account and the forfeiture of any accrued Influence and any amounts otherwise due to you from the Company.

Idea submitter Marketing
Idea submitters may choose to produce a web application (including, without limitation, a website, blog, Facebook page, Twitter page, or similar) promoting or otherwise presenting The Geek Plant or The Geek Plant apps.

Any such application must comply with the following guidelines:

• Post the following notice clearly and conspicuously on each and every page within an application: "This application is not affiliated with, endorsed by, or in any manner provided or controlled by The Geek Plant, Inc. The Geek Plant, Inc. assumes no liability for the content of this application."
  
• If using any The Geek Plant branding (including, without limitation, The Geek Plant or The Geek Plant app brand names or logos), do not distort or alter the brand appearance. For example, don't change any spelling, don't add or merge words, don't alter color, font or dimensions.
• If using any The Geek Plant created imagery (still photos or videos), include the following attribution: "© The Geek Plant, LLC All rights reserved." adjacent to each instance of imagery.
  
• Don't claim any untrue association with The Geek Plant. The Geek Plant Idea submitters are not employees, consultants, contractors or agents of The Geek Plant.
  
• Don't include the The Geek Plant name or other The Geek Plant brand name in a domain name (including, without limitation, Facebook page URL or Twitter page URL).

Copyright Infringement Complaints
We respect the intellectual property rights of others and we prohibit Idea submitters from uploading, posting or otherwise transmitting on the Site or via the Services any materials that violate another party's Intellectual Property Rights or that constitutes another Person’s Proprietary Information. Any infringing materials posted by any Idea submitter can be identified and removed pursuant to The Geek Plant’s Digital Millennium Copyright Act (the “DMCA”) compliance process, provided herein, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe that any Site Content infringes a copyright, please send a notice of copyright infringement containing the following information to [email protected]:

• Identification of copyrighted material allegedly being infringed, including an attached file containing the copyrighted material;
  
• Identification of the Site Content claimed to be infringing including the specific location within the Site of the allegedly infringing Site Content;
  
• Your contact information, including address, telephone number and email address, and if you are not the owner of the copyright that has been allegedly infringed, an explanation of your relationship to the copyright owner;
  
• A statement that you have a good faith belief that the allegedly infringing Site Content is not authorized by the copyright owner, its agent, or the law, and that under penalty of perjury, the information provided is accurate, and you are authorized to make the complaint on behalf of the copyright owner; and Your signature.

The Geek Plant will, upon receiving your notice of copyright infringement, if that notice complies with the foregoing five requirements, take one or more of the following actions: (a) reasonably determine that the allegedly infringing Site Content is not infringing, and allow the Site Content to remain, (b) contact the Person who posted the allegedly infringing Site Content concerning your notice of infringement, and (c) remove the allegedly infringing Site Content. By your use of this Site, you expressly agree to and accept the foregoing DMCA compliance process, acknowledge its compliance with US Copyright law, and waive any and all claims against The Geek Plant directly relating to, or arising from, the foregoing DMCA compliance process.

Repeat Infringer Policy
In accordance with the DMCA and other applicable law, The Geek Plant has adopted a policy of terminating, in appropriate circumstances and at The Geek Plant’s sole discretion, Idea submitters who are deemed to be repeat infringers. The Geek Plant may also at its sole discretion limit access to the Site and/or terminate the accounts of any Idea submitters who infringe any Intellectual Property Rights or who disclose Proprietary Information of others, whether or not there is any repeat infringement or disclosure. Any amounts that may otherwise be or may become due from the Company to any Idea submitter, who has submitted content that infringes any Intellectual Property Rights or discloses Proprietary Information of any other Person is subject to forfeiture, at the sole discretion of the Company.

Monitoring content
The Geek Plant is not responsible or liable in any manner for any content posted on the Site or in connection with the Services. Although we provide rules for Idea submitter conduct and postings, we do not control and are not responsible for what Idea submitters post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Site Content you may encounter on the Site or in connection with any content. The Company is not responsible for the conduct, whether online or offline, of any Idea submitter of the Site or Services.

Disputes Between Idea submitters
As a condition of access to the Site and the Services, you release The Geek Plant (and The Geek Plant’s shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Idea submitters of the Site; including, without limitation, any claim that another Idea submitter infringes upon your Intellectual Property Rights in any content that you may provide. You further understand and agree that: (a) The Geek Plant will have the right but not the obligation to resolve disputes between Idea submitters relating to the Services, and The Geek Plant’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent The Geek Plant elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Services and will not make judgments regarding legal issues or claims; (c) The Geek Plant’s resolution of such disputes will be final with respect to the Site, and any allocation of Influence or the allocation of any payments due to Idea submitters related to the foregoing, but will have no bearing on any real-world legal disputes in which Idea submitters of the Services may become involved; and (d) you hereby release The Geek Plant (and The Geek Plant’s shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with The Geek Plant’s resolution of disputes relating to the Site or the Services.

All Data on the Company’s Servers is subject to Deletion, Alteration or Transfer
When using the Site or the Services, you may accumulate Site Content, Influence, objects, items, scripts, or other value or status indicators that reside as data on the Company’s servers. THIS DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON GEEK PLANT’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN GEEK PLANT’S SOLE DISCRETION. Notwithstanding the foregoing, the Company will maintain back-up records related to any actual accumulated unpaid cash amounts earned by Idea submitters, and to the extent such information is deleted or otherwise altered, the Company will use its best efforts to accurately recreate such information to satisfy its payment obligations.

YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE WITH RESPECT TO USER CONTENT YOU POST ON THE SITE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH USER CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, GEEK PLANT DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE USER CONTENT OR SITE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON THE COMPANY’S SERVERS.

YOU UNDERSTAND AND AGREE THAT GEEK PLANT HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY SITE CONTENT (INCLUDING YOUR USER CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITHOUT ANY LIABILITY OF ANY KIND.

All Services are Provided "as is" Without Express or Implied Warranties

GEEK PLANT PROVIDES THE SITE, THE SERVICES, YOUR ACCOUNT AND ALL RELATED GOODS AND SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AND ACCEPTED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the foregoing, the Company does not ensure continuous, error-free, secure or virus-free operation of the Services, the Site or your account, and you understand that you shall not be entitled to make any claim based on The Geek Plant’s failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.

All Services Provided and Sales Made on “as is”, no refund basis

THERE WILL BE NO REFUNDS FOR ANY REASON UNLESS OTHERWISE STATED BY THE COMPANY IN WRITING. ALL SALES MADE BY THE COMPANY ARE FINAL AND ARE MADE WITHOUT ANY GUARANTEE. BY MAKING A PURCHASE WITH THE COMPANY, YOU HAVE READ AND UNDERSTAND OUR NO REFUNDS POLICY.

Notwithstanding the foregoing, the Company will refund fees paid to post an app Idea if such idea is rejected by the Company and not posted to the Site for Community review and feedback.

The Geek Plant’s liability to you is expressly limited, to the extent allowable under applicable law

IN NO EVENT SHALL GEEK PLANT OR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES OR THE SITE (INCLUDING WITHOUT LIMITATION ITS MODIFICATION OR TERMINATION), YOUR ACCOUNT (INCLUDING WITHOUT LIMITATION ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT THE COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL GEEK PLANT’S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED ONE HUNDRED DOLLARS (U.S. $100.00).

Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that The Geek Plant shall not be held responsible or liable for anything that occurs or results from accessing the Site or participating in the Services.

Indemnification
You hereby agree to defend, indemnify and hold harmless The Geek Plant, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors and assigns and other Idea submitters of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Services. You agree to defend, indemnify and hold harmless the Company, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any claims by third parties that your activity on the Site or your content (including your content as incorporated in a commercialized App Idea) infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.