Welcome to Confidential Media, Inc. and its family of websites, including, but not limited to geekconfidential.com, popconfidential.com and daytimeconfidiential.com (hereinafter “these websites,” “we,” or “our sites”). Please read these Terms of Service (hereinafter “Terms”) before reading, using, or submitting content in any form or medium for publication on, these websites. By visiting any of these websites (hereinafter specifically referred to as “this website,” “we,” or “our site”), continuing to use this website, and/or submitting content for publication on this website, you agree to abide, and that you are bound, by these Terms. If you do not agree with the following terms of use, please leave this website. You acknowledge that you are using this service at your own risk. The information found within this website (including any subsidiary or affiliated websites) is for entertainment purposes only.

We reserve the right to change these Terms at any time, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our site shall be subject to these Terms. The most current version of these Terms can be viewed at any time at: GeekConfidential.com.

1. Retained and Granted Rights: Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licencors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licencors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.

By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms; and you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms. In furtherance of the foregoing, you agree that you will not: submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; publish falsehoods or misrepresentations that could damage us or any third party; submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to this website we may authorize such content to be distributed or syndicated to or published on other TV Fan Online-branded environments.

2. Use Of The Site: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that this website shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that this website, in its sole discretion, believes to be in the interest of our company and of our users as a whole.

3. Use of Site Content: Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except as permitted under the last sentence of this paragraph and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this paragraph, you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Because we may, from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use”.

We are concerned about the integrity of this website when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of this website in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

4. Contributor’s Content: Opinions and other statements expressed by users and third parties (e.g., in blogs, comments, etc.) are theirs alone, not opinions of this website. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, this website is not undertaking any obligation or liability relating to the content. This website and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. This website and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. To the maximum extent permitted by applicable law, we reserve the right, without notice to you, to monitor content, material and transmissions periodically on this website and to disclose any information it learns as a result to governmental authorities or other third parties. Notwithstanding the foregoing, this website reserves the right, without notice to you, to block, filter, remove, move or edit communications, postings or materials at any time in our sole discretion.

5. This Website Will Be Held Harmless: You agree to indemnify and hold harmless this website and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.

6. Disclaimer of Warranties: UNLESS OTHERWISE EXPRESSLY AGREED BY US IN WRITING, THIS WEBSITE, ITS CONTENTS AND ALL SOFTWARE OR OTHER MATERIALS POSTED ON OR OBTAINED THROUGH THIS WEBSITE ARE PROVIDED “AS IS.” WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE WEBSITE OR ITS FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TV FAN ONLINE AND ITS AFFILIATES, AGENTS, LICENSORS, CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS, AND THE RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OF EACH OF THE FOREGOING (“TV FAN ONLINE PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES:

• OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
• AS TO LACK OF VIRUSES OR OTHER HARMFUL EVENTS OR COMPONENTS, AND THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES.
• AS TO ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR SECURITY OF DATA, INFORMATION, RESPONSES OR RESULTS,
• OF TITLE OR NON-INFRINGEMENT,
• OF ADEQUACY OR SUITABILITY OF THIS WEBSITE TO MEET YOUR OR ANY PERSON’S NEEDS OR DESIRED EFFECTS,
• THAT THE WEBSITE, CONTENT, MATERIALS OR ANY RELATED EQUIPMENT, FUNCTIONS, SOFTWARE, PROGRAMMING OR OTHER ITEM, SYSTEM, NETWORK, SERVER ( S ) OR RESOURCE WILL BE ERROR FREE, AVAILABLE, FUNCTIONAL, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED,
• THAT ANY COMMUNICATION, DATA, FILE SENT BY OR SOUGHT TO BE ACCESSED BY YOU OR ANY OTHER PERSON WILL BE TRANSMITTED OR RECEIVED SUCCESSFULLY, AT ANY PARTICULAR SPEED, WITHIN ANY PERIOD OF TIME, WITHOUT INTERRUPTION OR IN UNCORRUPTED FORM, IMPLIED OR RESULTING FROM COURSE OF DEALING OR COUSRE OF PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU,
• OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, IS FOR ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY OTHER PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES

7. Linked Sites: This website may provide links to other Internet sites and resources solely as a convenience to its readers. We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. We do not guarantee, approve, nor endorse the information or products available at these websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

Without limiting the generality of the foregoing, your correspondence or business dealings with, or participation in promotions or offers of, advertisers or other third parties found on or through this website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party. You agree that we shall not be responsible or liable for any claim, loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on this website.

You assume all risk of accessing content on or through this website. We do not assume any responsibility for the content of any third party contained on or accessible through this website or for removing or preventing access to any harmful, inaccurate, unlawful or objectionable content originating with or provided by any third party, and we disclaim any liability for any claims relating to such content or any failure to remove or prevent access to any such content. Questions or complaints about such content should be addressed to the content provider.

8. Disclosure of Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

9. Limited Liability: This website and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms). Any claim against us shall be limited to the amount you paid, if any, for use of our site.

10. Governing Law: These Terms shall be governed by the laws of the United States and the State of Nebraska, applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS. To the maximum extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website, these Terms, any Additional Terms or our privacy policy for this website must be filed within one year after such claim or cause of action arose or be forever barred. The caption to each Section of these Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.