This page states the Terms and Conditions under which you may use the GEM International Ltd. website (the “Site”). GEM International Ltd. (“GEM International”) may update this posting and may modify these Terms and Conditions at any time, at its discretion and without notice. YOUR USE OF THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS STIPULATED HEREIN. USAGE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
GEM International reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials, and descriptions on this Site and to suspend and/or deny access to this Site for scheduled or unscheduled maintenance, upgrades, improvements, or corrections. The information and materials on this Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and GEM International does not undertake any obligation or responsibility to update or amend any such information. GEM International may discontinue or change any product or service described in or offered on this Site at any time.
All right, title, and interest in this Site and any content contained herein is the exclusive property of GEM International. This Site is intended for personal, non-commercial use. You may print, copy, and download any information or portion of this Site for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products, or services obtained from this Site, except for the purposes expressly provided herein, without GEM International’s prior written approval. Unauthorized use of this Site and or any GEM International systems, including, but not limited to, unauthorized entry into GEM International systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Site in any manner that could damage, disable, overburden, or impair any GEM International site or service or interfere with any other party’s use and enjoyment of any GEM International site or service. You may not attempt to gain unauthorized access to any GEM International site or service, computer systems, or networks connected to any GEM International site or service, through hacking, password mining, or any other means. You agree that you will not engage in any activities related to this Site that are contrary to applicable laws or regulations.
You are prohibited from transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law. GEM International will fully cooperate with any law enforcement authorities or court order requesting or directing GEM International to disclose the identity of anyone posting any such information or materials.
Violations of these Terms of Use, including unauthorized use of this Site, may be investigated and appropriate legal action may be taken, including civil, criminal, and injunctive redress. You agree that monetary damages may not provide a sufficient remedy to us for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. You understand and agree that in our sole discretion and for any reason whatsoever, or for no reason, and without prior notice, we may terminate your access to the Site.
INTELLECTUAL PROPERTY
The entire content included in this Site, including but not limited to text, graphics, or code (collectively, the “Material”) is protected by U.S. and international copyright, trademark, and other intellectual property laws, and is owned, controlled, or licensed by GEM International. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, OR DUPLICATING THE MATERIAL, IN WHOLE OR IN PART, IS PROHIBITED. Provided that you agree to and accept without modification the notices, terms, and conditions set forth in these Terms of Use, GEM International grants you a personal, non-exclusive, non-assignable, and non-transferable license to visit, view, and retain a copy of pages of this site for your own personal, non-commercial use only. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, create derivative works from, license or sublicense, assign, or otherwise transfer this license or any of the Material or any information, material, software, products, or services from this site. Moreover, you may not visit or use the site to appropriate GEM International’s trademarks or trade dress and/or to copy or imitate the “look and feel” of the site, or any portions thereof, for any reason.
CLAIMS OF INFRINGEMENT
GEM International respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the United States Copyright Office website located at http://www.copyright.gov/legislation/dmca.pdf, GEM International will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide GEM International’s Copyright Agent the following information:
While GEM International considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. If you are uncertain whether material infringes your copyrights (including whether the use of copyrighted material may constitute fair use), you may wish to seek the advice of an attorney.
LINKS TO OTHER SITES
This Site contains links to third-party websites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by GEM International of any information contained in any third-party website. In no event shall GEM International be responsible for the information contained on that site or your use of or inability to use such site. Access to any other Internet website linked to the GEM International Site is at your own risk. You should be aware that linked websites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the GEM International Site. GEM International is not responsible for such provisions and expressly disclaims any and all liability related to such provisions.
ACCESS AND INTERFERENCE
You will not use any robot, spider, crawling, scraping, or other automated device, process, or means to access this Site. Nor will you use any manual process to monitor or copy the Site or the content contained thereon for any unauthorized purpose without our prior written permission. You will not use any device, software, routine, or take any action that interferes with the proper working of the Site.
NO WARRANTIES / LIMITATION OF LIABILITY
GEM International does not warrant the quality, accuracy, or completeness of any claims, statements, or information on this site. Further, GEM International makes no representations about the suitability of any of the information contained on this Site or any other website for any purpose. All information is provided “as is” and “as available” without warranty or condition of any kind. In no event shall GEM International be liable for any damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use of content available on this Site.
GEM International does not warrant the information or services provided herein or your use of this Site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability, or fitness for a particular purpose. GEM International will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Site. Although the information provided to you on this Site is obtained or compiled from sources GEM International believes to be reliable, GEM International cannot and does not guarantee the accuracy, validity, timeliness, or completeness of any information or data made available to you for any particular purpose. You understand that GEM International does not operate or control the products, services information, advice, or content offered by any third party that participates in the GEM International Site. Neither GEM International, nor any of its affiliates, directors, officers, or employees, nor any third-party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site, the data contained herein, or the products or services offered on this Site available to you, or from any other cause relating to your access to, inability to access, or use of the Site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of GEM International or of any vendor providing software or services. In no event will GEM International or any such parties be liable to you, whether in contract, tort, negligence, or otherwise, for any direct, special, indirect, consequential, or incidental damages or any other damages of any kind even if GEM International or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes, or other labor problems or any force majeure. GEM International cannot and does not guarantee continuous, uninterrupted, or secure access to the Site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will GEM International’s total liability to you for all damages, losses, and causes of action, whether in contract, tort, negligence, or otherwise, exceed the amount paid by you, if any, in accessing this Site.
INDEMNIFICATION
You will defend, indemnify, and hold GEM International, its affiliates, and agents harmless from: (i) your use of and access of the Site; (ii) your violation of any of these Terms of Use; (iii) your violation of any third-party right including any copyright, trademark, trade dress, trade secret, or privacy right of content available on the Site. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.
MISCELLANEOUS
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions shall be in an appropriate state or federal court located in Los Angeles County, California, and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between GEM International and you with respect to this Site, and it supersedes all prior or contemporaneous communications, agreements, and understandings between GEM International and you with respect to the subject matter hereof.
Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. We have endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but make no representation that Materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk. Any other legal notices published by us on this site constitute the entire agreement between you and GEM International concerning this Site. GEM International’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. GEM International may assign its rights and duties under this Agreement to any party at any time without notice to you.
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