Use of the Gearsoff Properties
You may use the Gearsoff Properties for your personal, noncommercial use only. You may not use any Gearsoff Property if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Gearsoff Properties only with involvement of a parent or guardian.
Information on Our Site
We try to be as accurate as possible with the information we present on the Gearsoff Properties. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
Paying for Your Order
Generally, we'll charge your payment method for an item when we ship the item to you or confirm its availability in store. For digital items, we'll charge your payment method when you initiate the download of the product or the product is placed in your account and available for use. For special-delivery items, we'll charge your payment method when you confirm a delivery time. However, we will preauthorize your order amount (including for pre-orders) with your payment method at the time you place the order, which may have an effect on your available credit line. If a preauthorization of a pre-order expires before fulfillment, the preauthorization will be reversed and another preauthorization will be made closer to the confirmed availability date.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order.
All content included on or comprising the Gearsoff Properties, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Gearsoff owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The Gearsoff logo and other trademarks on the Gearsoff Properties are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Gearsoff and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
User Generated Content: Reviews, Comments, Communications, and Other Content
You may interact with the Gearsoff Properties in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and email communication. You hereby grant Gearsoff a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow Gearsoff to feature text, images and videos shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted through our Reviews and Ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
If you believe that your copyrighted material may have been infringed, please provide the Gearsoff Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your email address
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Links to Third-Party Websites
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the Gearsoff Properties only for lawful purposes. Activities including, but not limited to, tampering with any Gearsoff Property, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Gearsoff Properties are prohibited.
You may not violate or attempt to violate the security of the Gearsoff Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any Gearsoff Property for unintended purposes or trying to change the behavior of any Gearsoff Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any Gearsoff Property, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of Gearsoff (impersonating Gearsoff) or to any Gearsoff Property (impersonating as a legitimate user). You may not send unsolicited or unauthorized email on behalf of Gearsoff, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any Gearsoff Property or any activity being conducted on any Gearsoff Property. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Gearsoff Property other than the search engine and search agents we provide and generally publicly available browsers.
Termination of Use
We may, in our sole discretion, terminate your account or your use of the Gearsoff Properties at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any Gearsoff Property at any time without prior notice.