A. Acceptance of Terms
The Website is currently owned and operated by Gemicates Technologies Pvt. Ltd.
YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
B. Membership and Accessibility
1. LICENSE TO ACCESS
2. MEMBERSHIP ELIGIBILITY CRITERIA
We take reasonable measures to protect your information. Please be aware, however, that despite our efforts, no measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation.
You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website. You hereby expressly acknowledge and agree that you yourself and not Gemicates ServiceMart will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use. Notwithstanding the foregoing, you may be liable for the losses of Gemicates ServiceMart or others due to such unauthorized use. You will not copy or distribute any part of the Website in any medium without Gemicates ServiceMart's prior written authorization. You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose. You will provide true, accurate, current and complete information when registering your compliant and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without Gemicates ServiceMart's prior written approval. You shall not in any manual or automated manner collect Gem or End Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site. You shall not in any way that transmits more request messages to the Gemicates ServiceMart servers, or any server of a Gemicates ServiceMart subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Gemicates ServiceMart reserves the right to revoke these exceptions either generally or in specific cases. You shall not recruit, solicit, or contact in any form Gem or End User for employment or contracting for a business not affiliated with Gemicates ServiceMart without express written permission from Gemicates ServiceMart.
You shall not take any action that (i) unreasonably encumbers or, in Gemicates ServiceMart's sole discretion, may unreasonably encumber the Website's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses Gemicates ServiceMart's measures that are used to prevent or restrict access to the Website.
You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
3. ADDITIONAL POLICIES
B. Member Conduct
1. NO DISCRIMINATION
1. Indian laws prohibit any preference, limitation or discrimination based on race, colour, religion, sex, national origin, age, handicap or other protected class. Gemicates ServiceMart will not knowingly accept any service which is in violation of the law. Gemicates ServiceMart has the right, in its sole discretion and without prior notice to you; to immediately remove any information that discriminates or is any way in violation of any law.
As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Gem better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a End User from leaving Feedback.
1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, Gemicates ServiceMart, in its sole discretion, may take any of the following actions: (i) cancel your Feedback (ii) limit your privileges; (iii) decrease your status earned via the Feedback page.
2. Reporting Inappropriate Use of Feedback. You may contact Gemicates ServiceMart regarding any inappropriate use of Feedback via-email at firstname.lastname@example.org
3. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, Gemicates ServiceMart shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, GEMICATES SERVICEMART HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. Gemicates ServiceMart reserves the right to (a) terminate your access, your ability to post to this Website (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, with or without cause and with or without notice, for any reason or no reason, or for any action that Gemicates ServiceMart determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. Gemicates ServiceMart may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Gemicates ServiceMart's discretion, Gemicates ServiceMart will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.
E. Rules for End Users
1. END USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet our terms , or agree to purchase a Service with the intention of disrupting or (d) misuse any options made available now or in the future by Gemicates ServiceMart in connection with the use or purchase of any Service.
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR END USERS
If an End User violates any of the above-referenced rules, Gemicates ServiceMart, in its sole discretion, may take any of the following actions: (A) limit the End User's privileges; (B) suspend the End User's work; and/or (C) decrease the End User's status earned via the Feedback page.
F. Use of Submitted Content
1. NO CONFIDENTIALITY
The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Gemicates ServiceMart does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by you for which you authorize to be searchable by Users who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that Gemicates ServiceMart shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
You are aware that any information provided by you in the Submitted Content towards locating a Gem who ordinarily is bound to maintain confidentiality under law with his/her client and is not extended to Gemicates ServiceMart.
Gemicates ServiceMart may also disclose user information including personal information if Gemicates ServiceMart reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Gemicates ServiceMart’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behaviour (including, but not limited to, fraud).
2. YOUR REPRESENTATIONS AND WARRANTIES
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO GEMICATES SERVICEMART
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
4. GEMICATES SERVICEMART'S DISCLAIMERS AND RIGHT TO REMOVE
2. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Gemicates ServiceMart is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Gemicates ServiceMart with respect thereto, and agree to indemnify and hold Gemicates ServiceMart, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
3. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that Gemicates ServiceMart may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Gemicates ServiceMart, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Gemicates ServiceMart is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Gemicates ServiceMart is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
J. Copyright Infringement Take Down Procedure
Gemicates ServiceMart has high regard for intellectual property and expects the same level of standard to be employed by its users. Gemicates ServiceMart may, in appropriate circumstances and at its discretion, may prohibit access to the Website of users who infringe upon the intellectual property rights of others. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at email@example.com
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit Gemicates ServiceMart to locate the material.;
(iii) A written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
(iv) Information reasonably sufficient to permit Gemicates ServiceMart to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
(vi) A statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
K. Modifications to or Termination of Website
1. MODIFICATION OR CESSATION OF WEBSITE
Gemicates ServiceMart reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that Gemicates ServiceMart shall not be liable to you or to any third party for any modification, suspension or discontinuance of Gemicates ServiceMart services.
2. TERMINATION BY GEMICATES SERVICEMART
3. TERMINATION BY YOU
L. Intellectual Property Rights
1. GEMICATES SERVICEMART OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Gemicates ServiceMart. Other trademarks, names and logos on this Website are the property of their respective owners.
Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Gemicates ServiceMart reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
2. GEMICATES SERVICEMART'S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.