Terms of Use | Gekkoto

These Terms of Use (“Terms”) set forth a legally binding agreement between you and Gekkoto, Inc. (“Gekkoto”, “we”, “our”, or “us”), and govern your use of any online service location or mobile applications that posts a link to these Terms, and all features, content, and other services that we own, control and make available through such online service location (collectively, the “Services”).

In some instances, both these Terms and separate terms elsewhere on the Services will apply to your use of the Services (“Additional Terms”). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.

By using the Services, you agree to these Terms, and consent to our collection, use and disclosure practices, and other activities as described in our Privacy Policy. If you do not agree and consent, discontinue use of the Services.

Service Use

Content

The Services contain: (i) materials and other items relating to Gekkoto and its products and services, including its mobile applications, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Gekkoto; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Services and the Content is the property of Gekkoto or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
The Services and the content provided therein are available for users of various skill levels, for a variety of activities, and for varying durations. Content may not always be available and is subject to change at any time with or without notice and without any liability to you. Content is intended for informational purposes only and should not be considered medical or healthcare advice.

Limited License

Subject to your strict compliance with these Terms and any applicable Additional Terms, Gekkoto grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to stream, display, view, use, and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”) and/or print one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in Gekkoto’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Restrictions

You may not use the Services unless you are at least thirteen (13) years old or the age of majority in your jurisdiction.

You may not: (i) use the Services or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Services or Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Gekkoto; (iii) harvest any information from the Services or Content; (iv) reverse engineer or modify the Services or Content; (v) interfere with the proper operation of or any security measure used by the Services or Content; (vi) collect information about others; (vii) advertise or solicit others to purchase any product or service within the Services; (viii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; (ix) publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; (x) infringe any intellectual property or other right of any third party; (xi) use the Services or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (xii) otherwise violate these Terms or any applicable Additional Terms.

You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Services and Content.

Availability

Gekkoto may suspend or terminate the availability of the Services and Content, in whole or in part, to any individual user or all users, for any reason, in Gekkoto’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Services, or upon notice from Gekkoto, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Services and Content.
Gekkoto may block or remove any content you submitted if Gekkoto determines that you have violated any provision of these Terms or that your conduct or content would tend to damage Gekkoto’s reputation or goodwill. Gekkoto may block your email address and Internet protocol address to prevent further use of the Services. Gekkoto is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your access to the Services.

Reservation of Rights

All rights not expressly granted to you are reserved by Gekkoto and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Services for any purpose is prohibited.

Unsolicited Submissions

When you submit any unsolicited ideas, feedback, opinions, techniques, images, sounds, videos, or other content to us through or relating to the Services (“Submissions”), you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.

You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions.
You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submission and remain responsible for them.

Copyright Infringement

Gekkoto responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide our designated agent with the following written information:

A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
Identification of the copyrighted work claimed to have been infringed;
Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
Your contact information, including your address, telephone number, and an e-mail address;
A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
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 copyright owner.

Our designated agent is:

DMCA Agent
Gekkoto Inc.
19925 Stevens Creek Blvd., Suite 100
Cupertino, CA 95014
USA

Phone: 408-701-5010
Email: dmca@gekkoto.com

You can obtain further information from the Copyright Office’s online directory at dmca.copyright.gov/osp/.

We will respond to notifications of claimed copyright infringement in accordance with the DMCA.

Subscriptions and Products

Subscriptions. Certain areas of the Services require payment before you can access them (“Subscriptions”). For example, you may need to subscribe to access certain training features on our Services. Subscriptions can be purchased by paying a monthly, yearly, or lifetime subscription fee. When you register for a Subscription, you consent to get access to the premium areas of our Services immediately. SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND GEKKOTO WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
Automatic Renewal. Monthly and yearly Subscriptions will automatically renew at the end of the subscription period, unless you cancel your Subscription through your subscription page before the end of the current subscription period. You acknowledge and agree that we are authorized to use the payment information on file for the renewal fee. Until you cancel, your Subscription will renew monthly or annually on the same day of the month or year, respectively, as the date you made your initial purchase and the payment information on file will be billed for the then-current subscription fee. This purchase date will be included on your Subscription confirmation receipt that will be emailed to you at the email you provide.
Cancellations. You can cancel your Subscription at any time by logging into your account on the Services and following instructions in your account settings. The cancellation will take effect the day after the last day of the current subscription period. You must cancel your Subscription prior to your next recurring billing date in order to avoid being charged. If you cancel your Subscription, you will continue to have access to the Services through the end of your current billing period. Cancelling your Subscription will not completely delete your account from our Services. You may choose to delete your account, but you will not be able to recover data from your former account a later date it you do so.
No refunds. While you may cancel your Subscription at any time, there no partial or pro-rata refunds for cancellation. Gekkoto may, however, offer partial pro rata refunds for Gekkoto’s early suspension, termination, or cancellation of a paid program, where the pricing and payment terms for the specific Gekkoto program expressly state that such refunds are available in such scenarios and/or as required by law. In the event that you cancel your account or Gekkoto suspends or terminates your account under these Terms for your breach of these Terms, you understand and agree that you shall receive no refund for any unused time on the Subscription, any license or Subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.
Free Trials. Your Subscription may start with a free trial of our Services, subject to specific terms explained during your free trial sign-up. To avoid being charged during a free trial promotion, you must cancel your Subscription before your free trial ends. You can view the details of your free trial on your account settings page. Gekkoto reserves the right to determine eligibility for free trials, which may vary based on factors including the subscription selected and how recently you redeemed a free trial. Certain limitations may also exist with respect to combining free trials with any other offers. If you do not cancel prior to the end of your free trial period, the payment method provided at sign-up will be automatically billed for the applicable subscription fee. If you wish to avoid charges to the payment information that you have on file, you must cancel your subscription prior to the end of the free trial period. You may cancel your Subscription at any time as described in the “Cancellations” section of these Terms.
Pricing. Gekkoto may change the price for the Subscriptions, from time to time, by posting the new price on its Services. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully. Additional Terms may apply.

We do our best to describe every product or service offered on our Services as accurately as possible. However, we are human, and therefore we do not warrant that product and service specifications, pricing, or other content on the Services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Gekkoto shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to our cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product or service you purchased from Gekkoto is not as described, your sole remedy is to cancel the purchase and receive a credit for the purchase price.

All physical products purchased from the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

For any purchases made through third party platform providers, such as Apple, please contact their customer support. Their terms, conditions, and policies, and not ours, apply and we do not handle returns or refund requests for purchases through those third party platform providers.

Customer Support

If you have any questions or comments, please send an e-mail to support@gekkoto.com. You acknowledge that the provision of support is at Gekkoto’s sole discretion and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be mailed to: Gekkoto Inc., 19925 Stevens Creek Blvd., Suite 100, Cupertino, CA 95014. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Third Party Services

Our Services contain content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). We may also integrate third party technologies into our Services and host our content on Third Party Services. These Third Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk. For more information on Third Party Services, see our Privacy Policy.

Service Features

Wireless Device Features

The Services may offer features that are available to you via your wireless Device including the ability to access the Services features. By using the Services, you agree that Gekkoto may collect information as described in our Privacy Policy, which includes information related to your use of the Services via your wireless Device, and that Gekkoto may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Services. Data rates and other carrier fees may apply.

Communications

E-mails: You can opt-out of receiving certain promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link, or contacting us at support@gekkoto.com with the word UNSUBSCRIBE in the subject field of the e-mail. Your opt-out will not affect non-promotional e-mails, such as those about your account, transactions, servicing, or Gekkoto’s ongoing business relations.
Push Notifications: You can opt-out of receiving push notifications from us at any time by adjusting the permissions in your Device or uninstalling our app.

Please note that any opt-out by you is limited to the e-mail address or device used and will not affect subsequent subscriptions.

Agreement to Arbitrate Disputes and Choice of Law

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

We Both Agree to Arbitrate

You and Gekkoto agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Gekkoto’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Gekkoto may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.

What is Arbitration

Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

Arbitration Procedures

The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in this Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Gekkoto must do the following things:

Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a demand for Arbitration at www.jamsadr.com.
Send three copies of the demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
Send one copy of the demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Authority of Arbitrator

The arbitrator will decide the rights and liabilities, if any, of you and Gekkoto, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Gekkoto.

No Class Actions

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

Waiver of Jury Trial

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Gekkoto in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND GEKKOTO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

Choice of Law/Forum Selection

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, NY.

Disclaimer of Representations and Warranties

THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER GEKKOTO NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "GEKKOTO PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM GEKKOTO INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

Limitations of Our Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE GEKKOTO PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICES, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. GEKKOTO PARTIES’ TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS PAYABLE BY YOU TO GEKKOTO OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S).

NOTWITHSTANDING THE FOREGOING, THESE DISLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM GEKKOTO INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

Indemnification

You agree to defend, indemnify and hold harmless the Gekkoto Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Services; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. Gekkoto reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Gekkoto’s defense of any claim. You will not in any event settle any claim without the prior written consent of Gekkoto.

This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.

Waiver of Injunctive or other Equitable Relief

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICES, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY GEKKOTO OR A LICENSOR OF GEKKOTO.

Updates to Terms

We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Services so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. Your continued use of the Services after such changes take effect will signify your acceptance of such changes. If you object to any such changes, your sole recourse is to cease using the Services.

General Provisions

Consent or Approval

No Gekkoto consent or approval may be deemed to have been granted by Gekkoto without being in writing and signed by an officer of Gekkoto.

Survival

The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Services, including sections on Service Use (except for the limited license), Unsolicited Submissions, Copyright Infringement, Products, Customer Support, Third Party Services, Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.

Severability; Interpretation; Assignment

If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Gekkoto may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Gekkoto.

Complete Agreement; No Waiver

These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Services and supersede any prior agreements, representations, warranties, assurances or discussion related to the Services. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Gekkoto in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

International Issues

Gekkoto controls and operates the Services from the U.S., and Gekkoto makes no representation that the Services are appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Services. Software related to or made available by the Services may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

Investigations; Cooperation with Law Enforcement.

Gekkoto reserves the right to investigate and prosecute any suspected breaches of these Terms or the Services. Gekkoto may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.

California Consumer Rights and Notices.

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: www.dca.ca.gov.

If you are a California resident under 18 years old and registered to use the Services, you can ask us to remove any content or information you have posted on the Services. To make a request, email us at support@gekkoto.com with “California Under 18 Content Removal Request” in the subject line, and tell us what you want removed. We will make reasonable good faith efforts to remove the post from prospective public view, although we cannot ensure the complete or comprehensive removal of the content and may retain the content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Terms Applicable for Apple iOS.

If you are using the Services through an Apple Device, the following terms apply:

To the extent that you are accessing the Services through an Apple Device, you acknowledge that these Terms are entered into between you and Gekkoto and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
The license granted to you in these Terms is subject to the permitted Usage Rules set forth in the Apple Media Services Terms and Conditions and any third party terms of agreement applicable to the Services.
You acknowledge that Gekkoto, and not Apple, is responsible for providing the Services and Content thereof.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Services.
In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application. To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.
Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Gekkoto, Gekkoto, and not Apple is responsible for addressing any claims you may have relating to the Services, or your possession and/or use thereof, including, but not limited, to: (a) product liability claims; (b) any claim that the Services fails to confirm to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
Further, you agree that if the Services, or your possession and use of the Services, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any Government list of prohibited or restricted parties.
If you have any questions, complaints, or claims with respect to the Services contact us at support@gekkoto.com.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
When using the Services, you agree to comply with any and all third party terms that are applicable to any platform, website, technology or service that interacts with the Services.