Site: GemMagOnline.com
Owned & Maintained by Corbin Media Group

IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow, or do not agree to be bound by all such terms, do not use this site.

1. RESTRICTION ON USE

By accessing and using this site (the "Site") you accept without limitations or qualifications these terms of use ("Terms of Use"). GEM ("GEM" or "we" or "us") reserves the right in its sole discretion to modify, alter or otherwise update these Terms of Use and you agree to be bound by such modifications, alterations or updates. We will post changes here and you agree to review these Terms of Use on a periodic basis. Your continued use of the Site after the posting of any change in the Terms of Use shall constitute your acceptance to be bound by any such changes.

The Site contains material which is derived in whole or in part from material supplied by GEM and other sources, and is protected by U.S. and international copyright, trademark and other applicable laws. No material (including, but not limited to, the text, directories, guides, photographs, illustrations, advertising copy, images, audio, video, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable materials contained in and/or on the Site) and no code or software (including, but not limited to, any source code, object code, images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled. You may download Materials from the Site for your personal, non-commercial use, provided you keep intact all copyright, trademark and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose may be a violation of GEM's or such other sources' copyright, trademark and/or other proprietary rights, and your misuse of the Material is strictly prohibited. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Materials to a human-perceivable form. The use of any such Materials on any other web site or networked computer environment is prohibited.

In addition, you agree not to insert any code or product or manipulate the Material in any way that affects any user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Site. You agree not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked web sites.

You are advised that GEM will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against you.

2. SUBMISSIONS/COMMUNICATIONS

GEM has a company policy that does not allow GEM to accept or consider creative ideas, suggestions or materials other than those GEM has specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by GEM's staff might seem to others to be similar to their own creative ideas, suggestions or materials.

If at GEM's request, you send a submission (for example, in the context of contests or sweepstakes), or despite GEM's request that you not send GEM any creative materials, you send GEM creative materials, including creative suggestions, ideas, teleplays or screenplays, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of GEM. Subject only to our Privacy Policy, none of the Information shall be subject to any obligation of confidence on the part of GEM and GEM shall not be liable for any use or disclosure of any Information and GEM shall exclusively own in perpetuity, throughout the universe, any now known or hereafter existing rights to the Information of every kind and nature and shall be entitled without restriction to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute or incorporate the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information. In addition, you warrant that all so-called moral rights in and to any Information are waived.

By submitting materials to the Site or GEM, you represent that such materials are accurate and original with you and do not violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity and/or privacy.

You should be aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing GEM any personal or confidential information.

3. DISCLAIMERS AND LIMITATIONS ON LIABILITY

Your use and browsing of the Site is at your own risk. If you are dissatisfied with the Site, any of the Materials contained in and/or on the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITE OR ITS RELATED INFORMATION OR PROGRAMS, SHALL GEM, ITS PARENT, AFFILIATED COMPANIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING OR PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO USE, THE SITE. GEM IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO, OR INFECTIONS, BUGS, VIRUSES, TAMPERING, UNAUTHORIZED INTERVENTION OR CONTAMINATION OF YOUR SYSTEM, COMPUTER, EQUIPMENT, OR OTHER PROPERTY, OR DELAYS, INACCURACIES, ERRORS, OMISSIONS, FRAUD, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION ARISING OUT OF YOUR USE OF THE SITE OR WITH RESPECT TO THE MATERIAL CONTAINED ON THE SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY GEM OR ANYONE ELSE. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL GEM'S TOTAL LIABILITY FOR ALL LOSSES, DAMAGES, AND/OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) EXCEED THIRTY DOLLARS ($30).

THE SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OPERATION, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE SITE AND/OR ANY MATERIAL RESTS WITH YOU.

Additionally, the Site contains Material which is for entertainment purposes only and is not a depiction of fact, and shall not be considered factual by you. Other than for entertainment purposes, you acknowledge and agree not to rely on such Material. The Site may also contain facts, opinions, views, statements and recommendations of third party individuals or organizations. The Site does not represent or endorse the accuracy, currentness or reliability of any facts, opinions, views, statements and/or recommendation or other information displayed, uploaded or distributed through the Site. You acknowledge that GEM does not give tax, legal or investment advice or advocate the purchase or sale of any security or investment.

GEM cannot ensure that you will be satisfied with any products or services that may be advertised on the Site or that you may purchase from a third-party site that may be on, or links to or from the Site, since such merchandise may be owned and operated by independent retailers. GEM does not endorse any of the merchandise, nor has GEM taken any steps to confirm the accuracy or reliability of, any of the information contained in such advertisements or third-party sites. GEM does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against GEM, its parent, affiliated companies, affiliates and their respective directors, officers, employees and agents with respect to such sites. GEM strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

4. INDEMNIFICATION

BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS GEM, ITS PARENT, AFFILIATED COMPANIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS OR ALLEGED CLAIMS, ACTIONS OR ALLEGED ACTIONS, SUITS OR PROCEEDINGS, AS WELL AS ANY AND ALL LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR ACCRUING FROM (A) ANY MATERIALS POSTED OR OTHERWISE PROVIDED BY YOU THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY PERSON OR DEFAMES ANY PERSON OR VIOLATES THEIR RIGHTS OF PUBLICITY OR PRIVACY, (B) ANY MISREPRESENTATION MADE BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR RELIANCE BY YOU ON ANY MATERIALS CONTAINED ON THE SITE; (C) ANY NON-COMPLIANCE BY YOU OF THE TERMS OF USE; (D) GEM’S USE OF ANY INFORMATION YOU PROVIDE; (E) ANY BREACH OF YOUR RESPONSIBILITIES IN RELATION TO YOUR ACCOUNT AND PASSWORD, IF ANY, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONFIDENTIALITY; AND (F) CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS AGREEMENT ARISING FROM OR RELATED TO YOUR ACCESS AND USE OF THE SITE, INCLUDING THE INFORMATION OR MATERIALS OBTAINED THROUGH THE SITE.

5. LINKING POLICY & LINKED SITES

The Material in and on the Site contains intellectual property that is protected from unauthorized use, copying and dissemination by copyright, trademark and other laws. If you link to the Site, we require that you follow these guidelines. The link to this Site must not damage, dilute or tarnish the goodwill associated with any GEM names and/or intellectual property, nor may the link create the false appearance that your web site and/or organization is sponsored, endorsed by, affiliated and/or associated with GEM and/or the Site. You agree that you will not link to the Site from any online source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. If you do link to the Site, you may link only to the home page, and not to any other page or subdomain of the Site. Under no circumstances may you "frame" the Site or alter its intellectual property or Material in any way. GEM reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with the Site and/or these Terms of Use.

In addition, please note that GEM is not necessarily affiliated with web sites which may be linked to the Site ("Linked Sites") and is not responsible for their content. The Linked Sites are for your convenience only and you access them at your own risk. Users are requested to inform GEM of any errors or inappropriate material found on such Linked Sites.

6. USER FORUMS

The Site may include bulletin boards, chat rooms or other user forums ("Forums"). Any Forums are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Please be aware that certain message boards and similar user forums may disclose a user’s IP address along with the user’s name and message. To protect your safety, please use your best judgment when using these forums, and consider carefully whether you want to disclose any information that can be used to identify or locate you.

GEM is not responsible for any material posted on the Forums, and it is a condition of your use of the Forums and the Site that you shall not upload, transmit, distribute, post or otherwise publish through such Forums and/or any portion of the Site any content that:

1. Violates any law;

2. Libels, defames, disparages, threatens, is obscene, false, misleading, deceptive, fraudulent, inaccurate, unfair, hateful, racist, harassing, vulgar, pornographic, abusive, threatening, profane or indecent, including images and language, or discriminates on the grounds of race, religion, origin, age, disability, sexual orientation or marital status or refers to such matters in any manner prohibited by law;

3. Infringes any intellectual property rights of a person or entity, including, without limitation, violating a copyright or trademark or other proprietary right or derivative work with respect thereto;

4. Violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights;

5. In any way exploits any information, software or other material for commercial purposes or which contains advertising, promotion or marketing;

6. Solicits gambling or engages in any gambling activity;

7. Contains a virus or other harmful component;

8. Advocates illegal activity, violates any local, state, national or international law, rule, guideline or regulations, or otherwise creates liability;

9. Unfairly interferes with any third party’s uninterrupted use and enjoyment of the Site and/or violates any right of GEM;

10. Advertises or otherwise solicits funds or is a solicitation of funds for goods or services or solicits any illegal act.

While GEM does not and cannot review every message posted by users in the Forums, and is not responsible for the content of these messages, GEM reserves the right to delete, move, or edit messages that it, in its sole discretion, deems to be in violation of the above listed guidelines or that it otherwise deems to be abusive, harmful or unacceptable. You acknowledge that GEM reserves the right to, and may from time to time, monitor any and all information transmitted or received, for operational and other purposes. Use of the Site constitutes consent to such monitoring.

7. MEMBERSHIP & REGISTRATION

Certain areas and/or services offered via the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas and/or services offered via the Site. You may also provide information to the Site in other contexts, including, for example, in order to enter a sweepstakes, contest or promotion. Please note that sweepstakes, contests or promotions offered via the Site may be governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain ages or geographic areas. It is your responsibility to read such rules to determine whether or not your participation, registration and/or entry is valid. When you register or otherwise provide information to the Site, you agree to provide only true, accurate, current and complete information on all registration pages.

If you register with the Site or any portion thereof otherwise choose to become a member of the Site, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the password protected portion of the Site using your name in whole or in part. The Site reserves the right to terminate your access to the Site to any person who violates these Terms of Use.

8. TERMINATION

These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use at any time by destroying all Materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise, and by not accessing the Site at any time in the future. Should you access the Site in the future, you will be subject to, and agree to be subject to, the then current Terms of Use.

GEM reserves the right to modify or discontinue this Site, or any portion thereof (including Forums) without notice to you or any third party. Upon termination or demand by GEM, you must destroy all Materials obtained from this Site and all copies thereof, whether made under the terms of this agreement or otherwise.

In the event of any termination, the restrictions imposed on you with respect to Materials downloaded from the Forums and all disclaimers, representations and warranties, indemnifications and all provisions regarding intellectual property, submissions and communications, termination, governing law and limitations of liabilities set forth in this agreement shall survive.

9. COPYRIGHTS & COPYRIGHT AGENTS

GEM respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, GEM has designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. GEM’s Copyright Agent is the Corbin Media Group and may be reached by email at corbinmedia@aol.com.

If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide GEM's Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. a description of the copyrighted work that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the Site;

4. your address, telephone number and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.

10. MISCELLANEOUS

This Site is controlled and operated by Corbin Media Group from their offices in Boston, Maschusetts, USA. GEM Magazine makes no representations or warranties that Materials in and /or on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or reexported into (or to a national or resident of) any countries that are subject to US export restrictions.

Software from this Site is further subject to USA export controls and may not be downloaded by any person or entity prohibited by any American law, rule, regulation or order or otherwise exported or reexported into any country to which the USA has embargoed goods.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of USA without giving effect to any principles of conflicts of law and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Any action you bring to enforce these Terms of Use or any matters related to this Site shall be brought in the Courts located in Massachusetts, USA within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall not be affected thereby.

11. CONTACT US

For questions or comments regarding these Terms of Use and/or the Site please contact: info@GemMagOnline.com

These Terms of Use were last updated on November 25, 2005.
Copyright © 2004 - 2006 by Corbin Media Group. All Rights Reserved.