Terms and Conditions

1. Acceptance of Terms

Welcome to ThinkGeek. By accessing and using thethinkgeek.com (the “Website”), you accept and agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our Website.

We reserve the right to modify these Terms and Conditions at any time. Your continued use of the Website following any changes constitutes acceptance of those changes. We encourage you to review this page periodically for updates.

2. Website Purpose and Nature

ThinkGeek operates as an affiliate informational website dedicated to geek culture, gifts, collectibles, and apparel. We provide information about products we love and offer convenient links to purchase those items through our affiliate partnerships.

What We Do

We curate and showcase geek merchandise across categories including clothing, accessories, home decor, toys, games, and collectibles. Our mission is to celebrate geek culture and help enthusiasts discover products that align with their passions.

How We Operate

All product purchases are completed through Amazon.com. We do not sell products directly, maintain inventory, or process transactions. When you click product links on our Website, you are directed to Amazon where you complete your purchase independently.

3. Affiliate Relationships and Disclosures

ThinkGeek participates in the Amazon Associates Program, an affiliate advertising program designed to provide a means for websites to earn advertising fees by linking to Amazon.com and affiliated sites.

How Affiliate Links Work

When you click on product links throughout our Website and make a purchase on Amazon, we may earn a small commission at no additional cost to you. This commission helps us maintain and improve the Website while continuing to bring you information about the latest and greatest geek merchandise.

Your Purchase Price

Using our affiliate links does not increase the price you pay. You pay the same price as any other Amazon customer. The commission we earn comes from Amazon, not from your purchase price.

Our Editorial Independence

Our affiliate relationships do not influence which products we feature. We showcase items we believe will resonate with the geek community, regardless of commission rates or affiliate status.

4. Intellectual Property Rights

Website Content Ownership

All content on ThinkGeek, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of ThinkGeek or its content suppliers and is protected by United States and international copyright laws.

Trademark Information

ThinkGeek and our logo are trademarks. All other trademarks, service marks, trade names, and logos appearing on the Website are the property of their respective owners. We are not affiliated with, endorsed by, or sponsored by the manufacturers or creators of the products featured on our Website.

Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content from the Website
• Use any robot, spider, scraper, or other automated means to access the Website
• Frame or mirror any part of the Website without our express written permission
• Use the Website for any commercial purpose without our prior written consent

5. User Conduct and Prohibited Activities

When using our Website, you agree to conduct yourself in a lawful and respectful manner. The following activities are strictly prohibited:

Prohibited Uses

• Violating any applicable local, state, national, or international law
• Transmitting any material that is defamatory, offensive, or otherwise objectionable
• Attempting to interfere with, compromise, or disrupt the Website’s security or functionality
• Impersonating ThinkGeek, our employees, or other users
• Harvesting or collecting email addresses or other contact information from the Website
• Using the Website to transmit spam, chain letters, or unsolicited communications
• Attempting to gain unauthorized access to any portion of the Website

Account Security

If we provide you with access to any account features, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

6. Third-Party Links and Services

Amazon and External Websites

Our Website contains links to Amazon.com and potentially other third-party websites. These links are provided for your convenience and information. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites.

Third-Party Transactions

When you click a link to Amazon or another third-party site and make a purchase, you are entering into a separate agreement with that third party. We are not a party to that transaction and bear no responsibility for:

• Product quality, availability, or condition
• Pricing, shipping costs, or delivery times
• Order processing, fulfillment, or customer service
• Returns, refunds, or exchanges
• Privacy practices or data security

Your Responsibility

Before making any purchase through a third-party link, you should review that website’s terms of service, privacy policy, and return policy. Your use of third-party websites is at your own risk.

7. Product Information and Accuracy

Information We Provide

We strive to provide accurate, current, and complete information about the products featured on our Website. However, product details, specifications, pricing, and availability are subject to change without notice.

No Guarantee of Accuracy

ThinkGeek does not guarantee that product descriptions, images, pricing, or other content on the Website is accurate, complete, reliable, current, or error-free. Product information is provided by manufacturers and third parties, and we cannot verify all details independently.

Verify Before Purchase

We strongly encourage you to verify all product information directly on Amazon before making a purchase. Check current prices, availability, specifications, and customer reviews on Amazon’s product pages to ensure the item meets your needs and expectations.

8. Disclaimers and Limitations

Website “As Is”

The Website and all information, content, materials, products, and services included on or otherwise made available to you through the Website are provided on an “as is” and “as available” basis, unless otherwise specified in writing.

No Warranties

ThinkGeek makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, products, or services included on or otherwise made available to you through the Website.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Non-infringement of intellectual property or other violation of rights
• Accuracy, completeness, or reliability of any content
• Uninterrupted or error-free operation of the Website
• Freedom from viruses or other harmful components

Product Disclaimers

We do not warrant or guarantee:

• The quality, safety, or legality of products purchased through affiliate links
• That products will meet your specific requirements or expectations
• The accuracy of product descriptions, images, or specifications
• Product availability or delivery times

9. Limitation of Liability

Maximum Liability

To the fullest extent permitted by applicable law, ThinkGeek shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your access to, use of, or inability to access or use the Website
• Any conduct or content of any third party on the Website
• Any content obtained from the Website
• Unauthorized access, use, or alteration of your transmissions or content
• Products purchased through affiliate links

Aggregate Liability Cap

In no event shall ThinkGeek’s total liability to you for all damages, losses, and causes of action exceed the amount you paid to us, if any, for accessing the Website, or one hundred dollars ($100), whichever is less.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless ThinkGeek, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms and Conditions
• Your use of the Website
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

11. User Submissions and Communications

Voluntary Submissions

If you submit comments, suggestions, ideas, questions, or other communications to ThinkGeek (collectively, “Submissions”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any media.

No Confidentiality

You acknowledge that Submissions are not confidential and that ThinkGeek has no obligation to maintain the confidentiality of any Submission. We assume no liability for any disclosure or use of any Submission.

Content Standards

All Submissions must comply with applicable laws and must not:

• Contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any party
• Violate the legal rights (including rights of publicity and privacy) of others
• Contain material that could give rise to any civil or criminal liability under applicable laws

12. Digital Millennium Copyright Act (DMCA)

If you believe that content on our Website infringes your copyright, please provide our designated copyright agent with the following information:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing and its location on the Website
• Your contact information (address, telephone number, email)
• A statement that you have a good faith belief that use of the material is not authorized
• 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

13. Governing Law and Jurisdiction

These Terms and Conditions and your use of the Website are governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.

You agree that any legal action or proceeding between you and ThinkGeek shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the United States. You consent to the personal jurisdiction and venue of such courts.

14. Dispute Resolution

Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or ThinkGeek may bring a formal proceeding.

Arbitration Agreement

You and ThinkGeek agree that any dispute arising out of or relating to these Terms and Conditions or the Website shall be resolved through binding arbitration, except that either party may take claims to small claims court if they qualify.

Class Action Waiver

You and ThinkGeek agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

15. Termination

Our Right to Terminate

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

Effect of Termination

Upon termination, your right to use the Website will immediately cease. All provisions of these Terms and Conditions which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and such provision shall be ineffective only to the extent of such invalidity, illegality, or unenforceability.

17. Waiver

No waiver by ThinkGeek of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by ThinkGeek to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

18. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and Disclaimer, constitute the sole and entire agreement between you and ThinkGeek with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

19. Changes to Terms

We reserve the right to update or modify these Terms and Conditions at any time without prior notice. We will indicate the date of the most recent revision at the top of this page. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes.

We encourage you to review these Terms and Conditions periodically to stay informed about our policies and your obligations when using the Website.

20. Electronic Communications

By using the Website, you consent to receiving electronic communications from ThinkGeek. These communications may include notices about your account (if applicable) and information concerning or related to the Website. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

By using thethinkgeek.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.