Disclaimer

Obviously, we also will need a disclaimer. Needless to say that although we wat to be transparant and limit the fine print, our legal advisors had some say as well.

General Conditions:

1. Your use of the GEM platform is at your sole risk. The GEM platform is provided on an “as is” and “as available” basis.
2. Support is only provided to paying members and is only available via email
3. You understand that teh GEM platform uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the GEM platform.
4. You must not modify, adapt or hack the GEM platform or modify another website so as to falsely imply that it is associated with the GEM platform.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the GEM platform, use of the GEM platform, or access to the GEM platform without the express written permission by ‘GEM’.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ‘ GEM’ member of registered user, employee or team member will result in immediate account termination.
7. You understand that the technical processing and transmission of the GEM platform, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. ‘GEM’does not warrant that (i) the GEM platform will meet your specific requirements, (ii) the GEM platform will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the GEM platform will be accurate or reliable, (iv) the quality of any products, information, or other material purchased or obtained by you through the GEM platform will meet your expectations, and (v) any errors in the GEM platform will be corrected.
11. You expressly understand and agree that ‘GEM’ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ‘ GEM’ has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the GEM platform; (ii) the cost of procurement of substitute goods and GEM platforms resulting from any goods, data, information or GEM platforms purchased or obtained or messages received or transactions entered into through or from the GEM platform; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the GEM platform; (v) or any other matter relating to the GEM platform.
12. The failure of ‘GEM’ to exercise or enforce any right or provision of the Terms of GEM platform shall not constitute a waiver of such right or provision. The Terms of GEM platform constitutes the entire agreement between you and ‘GEM’ and govern your use of the GEM platform, superseding any prior agreements between you and ‘GEM’ (including, but not limited to, any prior versions of the Terms of GEM platform).

Content Ownership
‘GEM’ does not claim ownership of the materials in your own Account. By explicitly posting, uploading, inputting, providing or submitting your content to the community section of ‘GEM’ (“User-posted Content”), you are granting GEM permission to use User-posted Content in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User-posted Content; and to publish your name in connection with User-posted Content. ‘GEM’ reserves the right to use aggregated meta-data of materials in your own Account in connection with the operation of their Internet businesses including, without limitation, statistics on usage.

No compensation will be paid with respect to the use of User-posted Content, as provided herein. ‘GEM’ is under no obligation to post or use any User-posted Content you may provide and may remove any User-posted Content at any time in GEM’s sole discretion.

By posting, uploading, inputting, providing or submitting User-posted Content you warrant and represent that you own or otherwise control all of the rights to your User-posted Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit User-posted Content.

‘GEM’ does not pre-screen User-posted Content, but ‘GEM’ and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the GEM platform.

User-posted content, unless source quoted, is licensed under a Creative Commons Public Domain License.

Use of communication:
‘GEM’ may contain bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the community at large or with a group, you agree to use the community only to post, send and receive messages and material that are proper and related to GEM.

‘GEM’ has no obligation to monitor the Communication on the GEM platform. However, ‘GEM’ reserves the right to review materials posted to the GEM platform and to remove any materials in its sole discretion. ‘GEM’ reserves the right to terminate your access to any or all of the Communication on the GEM platforms at any time without notice for any reason whatsoever.

‘GEM’ reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GEM’s sole discretion.

‘GEM’ does not control or endorse the content, messages or information found in any Communication on the GEM platform and, therefore, ‘GEM’ specifically disclaims any liability with regard to the Communication on the GEM platform and any actions resulting from your participation in any Communication on the GEM platform. Members and registered users are not authorized ‘GEM’ spokespersons, and their views do not necessarily reflect those of GEM.

Materials uploaded to the GEM platform may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Links to third party sites:
The GEM platform may contain links to other Web Sites (”Linked Sites”). The Linked Sites are not under the control of ‘GEM’ and ‘GEM’ is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ‘GEM’ is not responsible for webcasting or any other form of transmission received from any Linked Site. ‘GEM’ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ‘GEM’ of the site or any association with its operators.

Copyright and trademark:
All contents of ‘GEM’ websites are copyrighted. All rights reserved.

The names of actual companies and products mentioned may be the trademarks of their respective owners.

Any rights not expressly granted are reserved.

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