Gemzies Terms of Use

The Gemzies website (the "Gemzies Site") is offered to you by Gemzies B.V. By using the Gemzies Site, you agree to be bound by and to comply with these Terms of Use ("Terms of Use"). Please review these Terms of Use carefully. If you do not agree to these Terms of Use, you should not use the Gemzies Site.

1.             Acceptance

Your acceptance of the Terms of Use forms the agreement with us with respect to the Gemzies Site (the "Agreement"). The Terms of Use may be amended by us from time to time without specific notice to you. The latest version of the Terms of Use will be posted on the Gemzies Site and will be applicable to your use of the Gemzies Site. You should review these each time prior to using the Gemzies Site.

2.             Registration

You are required to register in order to access and use certain features of the Gemzies Site. You agree to provide us with accurate and complete registration information. Your registration must be completed using a valid email address and it is your responsibility to maintain the privacy and security of your password. A unique user name is required for use of the Gemzies Site. We may disable or cancel your account if your user name intentionally impersonates another person, appropriates their rights, or is offensive, obscene, or racist. We reserve the right to cancel accounts or refuse certain users at our sole discretion.

3.      User conduct

  • The Gemzies Site is intended solely for personal, non-commercial use

  • You are responsible for any activity that occurs under your user name

  • You agree to abide by the applicable law and any relevant laws in your jurisdiction

  • You agree not to use the Gemzies Site for any illegal or inappropriate activity

  • You agree not to abuse, harass, threaten, impersonate or intimidate other users of the Gemzies Site, and not to create content on the Gemzies Site or link from the Gemzies Site to content that is obscene, racist, defamatory, abusive, threatening, libelous, or violates the intellectual property or other rights of a third party

  • You agree not to use automated means to create accounts on the Gemzies Site or to access information except through RSS feeds for personal use

  • You agree not to transmit or generate viruses that harm the security of other users accounts or deface, attack, modify, or overwhelm the Gemzies Site

  • You agree not to spam users of the Gemzies Site or other users of the Internet


    • 4.      Improper use of the Gemzies Site

    If you breach any of the terms and conditions of the Agreement, including, but not limited to the user conduct as set forth above, we may disable or cancel your account. In addition to any remedy we may have against you in case of any damages resulting from your breach of any of the Agreement, we may ban you from using the Gemzies Site.


    5.      Content and copyrights

    The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Gemzies Site is provided by the users of the Gemzies Site and may be protected under the applicable copyrights and other proprietary (including, but not limited to intellectual property) rights. The posting of information or materials on the Gemzies Site does not constitute a waiver of any right in such information and materials.

    5.      Advertisers

    The Gemzies Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Gemzies Site is accurate and complies with any applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.

    6.      Errors, corrections and changes

    We do not represent or warrant that the Gemzies Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Gemzies Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Gemzies Site at any time. We reserve the right in our sole discretion to edit or delete any postings, documents, information or other content appearing on the Gemzies Site.

    7.      Third party content

    Third party content may appear on the Gemzies Site or may be accessible via links from the Gemzies Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Gemzies Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. Inclusion of any linked web site on the Gemzies Site does not imply approval or endorsement of the linked web site by us. If you decide to leave the Gemzies Site and access these third-party web sites, you do so at your own risk.

    8.      Unlawful activity

    We reserve the right to investigate complaints or reported violations of this Agreement or the law and to take any action we deem appropriate, including, but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to or requested by such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

    9.      Indemnification

    You agree to indemnify, defend and hold us and our directors, employees,harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Gemzies Site.

    10.     Disclaimer

    The Gemzies Site is provided "as-is" and "as available". The information and services provided on the Gemzies Site may contain bugs, errors, problems or other limitations, and may contain or link to web sites containing information that you may find offensive. We will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Gemzies Site.

    11.     Limitation of liability

    We shall not be liable for the availability of the Gemzies Site or any information or any service on the Gemzies Site. To the maximum extent permitted by applicable law, we shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Gemzies Site or any services or products obtainable therefrom, (b) your use of the Gemzies SIte, (c) the content contained on the Gemzies Site, or (d) any delay or failure in performance. In any event, our liability shall be limited to a maximum amount equal to the amounts you have paid us for using the Gemzies Site or &euro 5.-, whichever is higher.The foregoing limitation of liability shall not apply in relation to damages caused by our gross negligence or willful misconduct.

    12.     Use of information

    By using the Gemzies Site, you authorize us to use and assign all information on the Gemzies Site provided by you as set forth in our Privacy Policy. Except as expressly provided otherwise in the Privacy Policy, you agree that by posting messages, uploading files, inputting data, or engaging in any other form of communication with or through the Gemzies Site, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. You acknowledge that you are responsible for whatever material you submit, and you have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

    13.     Third-Party Services

    We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

    14.     Privacy Policy

    Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

    15.     Applicable law and jurisdiction

    If you live in a member state of the European union, this Agreement shall be governed by the laws of your country of residence. If you live in any other country or state, this Agreement shall be governed by Dutch law.

    If you live in a member state of the European union, disputes shall be finally settled by the courts of your country of residence. If you live in any other country or state, disputes shall be finally settled in accordance with the arbitration rules of the Netherlands Arbitration Institute (NAI). The place of arbitration shall be Amsterdam, the Netherlands.


    16.     Miscellaneous

    Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

    This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.

    Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable laws and the remaining portions shall remain in full force and effect.

    To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

    Our rights under this Agreement shall survive any termination of this Agreement.