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| General
Terms |
| Your
use of the web gems hosting. Web site (the "Site"), and all information, products
and services on the Site(collectively, the "Services") are subject to the
binding legal terms set forth below ("Terms"). We may update these Terms
from time to time without giving you any notice. Unless given specific
notice otherwise, any new features or updated Services that we put on the
Site will be subject to these Terms. BY USING THE SERVICES, YOU AGREE
TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM
OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES
FOR ANY PURPOSE. |
| Web
Gems Inc. is pleased to give you access to this Site free of charge. However,
in order to access the Site, you will need to establish an account with
an Internet service provider. You will also need equipment to access the
Site, including a computer, modem or other communication device. You agree
to pay for all hardware and services costs needed to access the Site and
use the Services. web gems hosting. is not responsible for any of these costs. |
| Legal |
| The
Services are protected by U.S. and international copyright, patent, trademarks
laws and other intellectual property laws. |
| You
may make a single copy of the individual screens you see when you use the
Services, but only for your personal use. You cannot distribute or transfer
the copies to others in exchange for money or other consideration. You
may not-and agree not to-modify, reformat, copy, display, distribute, transmit,
publish, license, create derivative works from, transfer or sell any information,
products or services obtained from the Services, except as set forth below.
This means that you may not mirror the home page or results pages of the
Site or any web gems hosting. Site on your own Web site or Web page. |
| License |
| Except
for allowing you to use the Site and the web gems hosting. Sites as set forth
in the paragraph above, when you use the Site or the web gems hosting. Sites,
you are not receiving a license or any other rights from us, including
intellectual property or other proprietary rights of web gems hosting. or other
companies with which we are affiliated. YOU UNDERSTAND THAT YOU HAVE NO
RIGHTS TO THE SERVICES OR ANY OTHER web gems hosting. PROPERTY EXCEPT AS WE
INDICATE IN THESE TERMS. |
| User Requirements |
| You
must fully agree to be bound to these terms and conditions. |
| You
must not attempt to interrupt, disturb, cancel, temporarily disable, or
otherwise cause another user difficulty in using our service. |
| You
will not impersonate any other person or misrepresent a relationship with
any person or entity, including misrepresenting a relationship with Web
Gems Inc.; similarly, you will not adopt a false identity if the purpose
of doing so is to deceive or defraud another. |
| Disclaimer
of Warranty |
| Web
Gems Inc. is not responsible in any way for any data loss or other damage
of your computer system as a result of using our service. You understand
that any site, including this one, are provided on an "as-is" basis, and
are subject to change without notice to you. You understand that Web Gems
Inc. makes no guarantee that services will be uninterrupted, timely, secure,
and/or error free. You understand that results obtained from your use of
our service is not guaranteed to meet your expectations. |
| To
the maximum extent allowed by law, web gems hosting. disclaims all warranties,
representations and conditions of any kind (express, implied, statutory
or otherwise including but not limited to the warranties of merchantability,
durability and fitness for a specific purpose, quality, satisfactory quality,
title and non-infringement of proprietary rights) including without limitation,
in reference to the services and all information, products and other content
(including that of third parties) included in or accessible from the Web
Gems Inc. Site. |
| Web
Gems Inc. expressly disclaims any endorsement, recommendation, guarantee,
representation, warranty or condition (whether express, implied, statutory
or otherwise) in respect to or responsibility for any action or inaction
of any party including without limitation advertisers, partners, participating
merchants or suppliers or any products or services supplied by such parties. |
| Limitation
of Liability |
| To
the maximum extent allowed by law, in no event will web gems hosting. (including
its parent and/or subsidiaries), or any of the companies affiliated with
web gems hosting. be liable to you (or any third party making claims through
you) for any loss or damages whatsoever, including but not limited to any
direct, indirect, special, consequential, punitive or incidental damages,
or damages for loss of use, profits, data, or other intangibles, or the
cost of procurement of alternative goods or services, unauthorized access
to and tampering with your personal information or transmissions, arising
out of or relating to the use, inability to use, unauthorized use, performance
or non-performance of the site, the services, any computer related damages
due to downloading materials, typographical errors and/or omissions. Some
states do not allow the limitation or exclusion of liability for incidental
or consequential damages; therefore the above limitation may not apply
to you. |
| The
limitation of liability and disclaimers herein shall apply regardless of
the form of action, whether in contract, warranty, strict liability, negligence,
or other tort and shall survive a fundamental breach or breaches of contract
or the failure of the essential purpose of this agreement or of an exclusive
remedy. |
| In
no event shall web gems hosting.'s liability, either jointly or severally,
exceed $50. |
| Termination |
| We
reserve the right to change these Terms at any time, without notice, and
your continued use of the Services after any change we make will mean that
you agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY
CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY
PURPOSE. |
| Governing
Body |
| This
contract shall be governed by and construed in accordance with the laws
of the State of Florida without regard to conflict of laws principles.
These Terms as amended from time to time, set forth the entire understanding
between you and web gems hosting. and supersede any and all prior or contemporaneous
agreements or understandings between you and web gems hosting., whether oral
or written, as to the subject matter of these Terms. If any provision of
these Terms or the application thereof to any person or circumstances shall
to any extent be held to be invalid or unenforceable, the remainder of
these Terms, or the application of such provisions to persons or circumstances
as to which it is not held to be invalid or unenforceable, shall not be
affected thereby, and each provision shall be valid and be enforced to
the fullest extent permitted by law. Although you acknowledge that we will
have the ability to enforce our rights in any court of competent jurisdiction,
you hereby consent to the exclusive jurisdiction and venue of courts in
Dade County, Florida, U.S.A., regarding any and all disputes relating to
these Terms, your use of the Site or any web gems hosting. Site, the Services.
No waiver of these Terms will be valid, except in the event that the waiver
is in writing and signed by an officer of web gems hosting.. If the performance
by web gems hosting. of the Terms or any obligation thereunder is prevented,
restricted or interfered with by any act or condition whatsoever beyond
the reasonable control of web gems hosting., you shall excuse, without further
action or notice, web gems hosting.'s performance to the extent of such prevention,
restriction or interference.
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