Terms & Conditions
Welcome to Gekius.com. Gekius Services LLC and/or its affiliates ("Gekius") provide website features and other products and services to you when you visit or shop at Gekius.com, use Gekius products or services, use Gekius applications for mobile, or use software provided by Gekius in connection with any of the foregoing (collectively, "Gekius Services"). Gekius provides the Gekius Services subject to the following conditions.
By using Gekius Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Gekius Services, and sometimes additional terms may apply. When you use an Gekius Service (for example, Your Profile, Gift Cards, Gekius Instant Video, Your Media Library, or Gekius applications for mobile ) you also will be subject to the guidelines, terms and agreements applicable to that Gekius Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Gekius Services, to understand our practices.
When you use any Gekius Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Gekius Services. 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.
All content included in or made available through any Gekius Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Gekius or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Gekius Service is the exclusive property of Gekius and protected by U.S. and international copyright laws.
Click here to see a non-exhaustive list of Gekius trademarks . In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Gekius Service are trademarks or trade dress of Gekius in the U.S. and other countries. Gekius's trademarks and trade dress may not be used in connection with any product or service that is not Gekius's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gekius. All other trademarks not owned by Gekius that appear in any Gekius Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Gekius.
One or more patents owned by Gekius apply to the Gekius Services and to the features and services accessible via the Gekius Services. Portions of the Gekius Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Gekius patents and applicable licensed patents .
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Gekius or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Gekius Services. This license does not include any resale or commercial use of any Gekius Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Gekius Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Gekius or its licensors, suppliers, publishers, rightsholders, or other content providers. No Gekius Service, nor any part of any Gekius Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gekius. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gekius without express written consent. You may not use any meta tags or any other "hidden text" utilizing Gekius's name or trademarks without the express written consent of Gekius. You may not misuse the Gekius Services. You may use the Gekius Services only as permitted by law. The licenses granted by Gekius terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Gekius Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Gekius does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Gekius Services only with involvement of a parent or guardian. Alcohol listings on Gekius are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Gekius reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Gekius reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Gekius a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Gekius and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Gekius for all claims resulting from content you supply. Gekius has the right but not the obligation to monitor and edit or remove any activity or content. Gekius takes no responsibility and assumes no liability for any content posted by you or any third party.
Gekius respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from Gekius are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Gekius does not support return and refund now. Choose your order carefully.
Gekius attempts to be as accurate as possible. However, Gekius does not warrant that product descriptions or other content of any Gekius Service is accurate, complete, reliable, current, or error-free. If a product offered by Gekius itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any Gekius Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
With respect to items sold by Gekius, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Gekius is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
GEKIUS SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Gekius Services (the "Gekius Software").
Parties other than Gekius operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Gekius does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use