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Legal Information
The website www.gemethyst.com, property of GEMETHYST, a simplified joint-stock company with a share capital of 100,00 Euros, registered at the Trade Registry of Versailles, France, under the number 817 914 989, European VAT number: FR96817914989.
Headquarters : 5 rue de Verdun, 78110, Le Vésinet, France.
For any enquiry, you can make contact by email at: admin@gemethyst.com
General Terms of Use
This page explains you the general Terms of Use under which you may use the website www.gemethyst.com and its mobile version (hereinafter « Gemethyst »), whether as a guest or a registered user (hereinafter « User »).
Please read these Terms of Use carefully before using Gemethyst. By using Gemethyst, even without creating an account through the registration process, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using Gemethyst.
You must be 18 years of age or older to use Gemethyst and its content and services. By using Gemethyst, you represent and warrant that you are 18 years or older.
If you are using Gemethyst on behalf of a company or other legal entity, you represent and warrant that you are duly authorized by the company or entity to agree to these Terms of Use on behalf of the company or entity.
1. Introduction
Gemethyst is an international marketplace for buyers and sellers of gemstones, minerals, beads and jewels.
The website allows users to publish ads and connects product sellers with eventual buyers and providers from all over the world, registered or not on the website. Gemethyst is only a contact point between sellers and buyers, it is not possible to buy or sell directly on the website.
Gemethyst is also a social network providing communication tools between users.
These Terms of Use constitute the entire agreement between you and us for the use of Gemethyst and the contents and services available through it.
2. Definitions
Gemethyst: refers to the company or website www.gemethyst.com.
Gemethyst Team: Gemethyst employees that you can contact at admin@gemethyst.com.
User: refers to any user of Gemethyst, member or not.
Member: refers to any person who has an account on Gemethyst.
Content: refers to any content provided by a member, in particular, but not limited to, any product, data, information, text, any listed object, description, any comment, any evaluation of another member, any name, alias, sign, photo, image, sound, video, logo and any other element provided by the member, including at the time of registration, in an advert, an email, etc.
Product: refers to a product advertised on Gemethyst by a member. The product must comply with the present Terms of Use and it must not constitute a prohibited product.
Prohibited product: product infringing on the intellectual property of a third party or that breaches any applicable local, national or international law or regulation.
3. Use of the Services
We grant you a limited, non-exclusive, non-transferable and revocable license to access Gemethyst and its content and services subject to these Terms of Use.
We may change, withdraw, suspend or discontinue the website at any time without notice, including the availability of any service, feature, database, or content. We may also impose limitations on certain features and services and/or restrict your access to parts or all of this website and its available content and services without notice.
You are responsible for making all necessary arrangements for your access to Gemethyst, such as obtaining and maintaining any equipment and services needed to connect to, access or otherwise use Gemethyst. You are also responsible for ensuring that all persons who access Gemethyst through your internet connection are aware of these Terms of Use and that they comply with them.
Gemethyst seeks, to the extent possible, to protect its website from computer attacks that violate its security or compromise its functionality. Should any of these situations arise, Gemethyst will restore its proper operation as soon as possible.
4. Privacy Policy
The use of Gemethyst is subject to the express acceptance of its Privacy Policy including the Gemethyst Cookie Policy. Please read the Privacy Policy in order to know what User information and data are collected by the provider and how they are used.
By using Gemethyst, you are consenting to such processing and use, and you warrant that all data provided by you is accurate, correct and up-to-date.
5. Change of General Terms of Use
Gemethyst is in continual evolution: new characteristics, functions and setups will be introduced regularly, and therefore, the Terms of Use may be subject to variation in the future.
In the case of significant changes, the Gemethyst Team will send a communication to Members or will publish a notice on the website. Continuing to use Gemethyst’s services after the date of changes in the General Terms of Use signals the Users’ acceptance of the new version of Terms.
6. Registration & Security
Access to certain parts of Gemethyst is only provided to registered Users. If you register with Gemethyst, you must provide true and accurate information about yourself. Should the registration information provided prove false or misleading, we may suspend or terminate your account.
You may not select or use as a username the name of another person or company with the intent to impersonate that person or company. If you misuse your account in breach of these Terms of Use, we reserve the right to refuse registration or cancel your account at our discretion.
Gemethyst reserves the right, at its exclusive discretion, to refuse the right to use particular usernames, or to remove or recover any username. For example, the registration of a username may be refused if a third-party owner of a brand registers a complaint that the username violates intellectual property rights of that third party, or constitutes the misappropriation of the identity of another person, or is illegal or offensive.
The username will be publicly identified with a photo associated with the same account. If the profile photo is not uploaded within 60 days from the creation of the account, Gemethyst reserves the right to remove the account, and allow another User to register the same name.
In the case of dormant accounts not accessed for 365 days by the User, Gemethyst reserves the right to eliminate the account in question, after notifying the User, to make space for new Users.
You are responsible for maintaining the confidentiality of your account details, including any User identification codes, passwords or any other piece of information that forms part of our security procedures, and you must not disclose these to any third party. We have the right to disable any User identification codes or passwords at any time if in our opinion you have failed to comply with any of these provisions.
You are responsible for maintaining the security of your account, files and all uses of your account. You are responsible for all activity on your account even if someone else uses your account. You authorize us to act on instructions received under your account and we will not be liable for any loss that you might suffer by following such instructions whether by you or another person.
Gemethyst is not responsible for any possible loss or damage derived from the inadequate protection of one’s account data on the part of the User.
In cases in which a User employs automatic navigation systems on the website, or for any violation of law or of the present General Terms of Use, Gemethyst reserves the right to eliminate the account, upon notification to the User.
You must notify the Gemethyst Team of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security connected with our website, including loss, theft, or unauthorized disclosure of your password or other information.
7. Cancellation
At any time, you may close your account and cease the use of Gemethyst by contacting the Gemethyst Team.
Account elimination is irreversible, and the account may not be reactivated after elimination. Once cancelled, the account no longer has the right to access or use Gemethyst services.
At the moment of account cancellation, all data and information provided by the User will be eliminated, except where such information has been shared with other Users, or has been copied, saved, or retained by other Users. In that case, information provided cannot be removed.
We may, in our absolute discretion, suspend or terminate your access to all or part of Gemethyst and its content and services with or without notice. We may also terminate accounts that are inactive for more than 365 days or that have provided false or misleading registration information.
8. User Responsability
The User is forbidden from:
• Publishing personal information of other Users or third parties without their expressed authorization.
• Publishing content that is threatening, offensive, or violent towards others, including content that portrays or encourages violence towards people or animals.
• Publishing hate-inciting content, including denigrating comments regarding race, sexual orientation, religious beliefs, political opinions, age or any other thing, either personal or general.
• Publishing content inciting self-injury or encouraging others to harm themselves.
• Transmitting spam.
• Utilizing false tags or misleading links, or attempting to deceive others with the content published.
• Using Gemethyst for pyramid marketing schemes.
• Phishing.
• Using automated systems to operate and/or publish an account profile. Gemethyst is a social network designed to put real people in contact, and therefore, it is against the rules to use a computer or other automated system.
• Violating the copyrights of other people, organizations or companies.
• Publishing content that belongs to third parties without their consent.
• Publishing content that violates national or international laws, ordinances or rules.
• Registering a username without the intention of using it.
• Creating false identities.
• Publishing materials inappropriate for minors.
• Using Gemethyst to violate the privacy of others.
• Harassing other Users or interfering with their use of Gemethyst.
• Eluding or compromising the security of Gemethyst, the website and its services, or accessing private areas of the website.
• Using, uploading or distributing viruses or malware against or through Gemethyst.
In cases where the above listed rules have not been respected, Gemethyst may contact the User and request an immediate resolution of the problem.
In cases of non-compliance, the User’s account may be suspended or cancelled, the username confiscated, and the IP address may be permanently blocked. We reserve the right to apply or not apply these rules in any way that we deem necessary, and at our discretion.
The rules and policies of Gemethyst do not create a duty or contractual obligation for us to act in a particular way and we reserve the right to change these rules at any time.
We reserve the right but are not obliged to monitor, moderate, edit or censor any content that you upload to Gemethyst. However, you acknowledge that you use Gemethyst at your own risk and you are responsible for the information you post on it.
We have the right to disclose your identity and any information you have provided to us if such disclosure is in our opinion reasonably necessary to comply with any court order, subpoena or other legal requirement, or to enforce these Terms of Use.
9. Limitations of Liability
Any content uploaded or published on Gemethyst, including texts, images, video, files, animation, logos, comments or other, remain the property of the User.
However, through registration and use of Gemethyst services, the User concedes a worldwide, royalty-free, non-exclusive and transferable license to Gemethyst, to use, archive, reproduce, adapt, distribute and publicly display the uploaded content.
The User declares himself to be the only responsible party, regarding Gemethyst and third parties, of the content published on Gemethyst. The User guarantees that he is the legitimate owner and/or party authorized to use the uploaded content and frees Gemethyst from any responsibility and injurious economic consequence that could rise from their unlawful or inappropriate use by a third party.
Upon registration with Gemethyst, the User permits other Users of Gemethyst, registered or not, to see, share or interact with the content published by him, aware that such content is publicly available on Gemethyst, for an undetermined time, and may be distributed by other Users of Gemethyst through social media or other methods, or be archived in a cache by third parties (ex. Search engines), even after the Gemethyst account has been cancelled.
The User, by activating Gemethyst’s services, declares that he is aware that it is extremely difficult to remove content from the Internet, and that, once published on Gemethyst, this content becomes part of the public domain.
The User is aware that use of Gemethyst’s services includes interactions with content of diverse origins, and that Gemethyst is not responsible for its accuracy, usefulness, security or its intellectual property rights. The User accepts, with this present document, to waive any right in this sense towards Gemethyst.
In no case is Gemethyst, its affiliates, agents, directors, employees, suppliers or licensors held liable for any indirect, direct, incidental, special or consequential damages, including, but not limited to, any damages of loss of profits, data, means or other material losses of equipment and intangible assets, arising from use of, or by the failure of service functionality.
10. Intellectual property rights
The User recognizes that Gemethyst is a registered brand and also recognizes that Gemethyst is owner of all intellectual property rights connected with the brand, to its services provided, and to the website. The User may not re-use, distribute, copy or duplicate any part, including programming code, logos or graphic design elements without prior explicit written authorization from Gemethyst.
The User does not have:
• license to sell, rent, transfer, release, distribute, incorporate or use commercially in any way, Gemethyst’s services, in part or in their entirety, or any content present on Gemethyst;
• the right to modify, create derivations, disassemble or decode any part of Gemethyst;
• the right to use the Services to construct a competing similar website, application or service.
Except as expressly stated herein, no part of Gemethyst may be copied, reproduced, distributed, republished, downloaded, displayed, sent or transmitted in any form or by any means.
11. User Content & Content Storage
We may display advertisements relating to or in connection with your Content and use your Content for advertising and promotional purposes. You acknowledge and agree that your Content may be included on websites and advertising networks of our distribution partners and third party service providers.
We reserve the right to establish general practices and limitations regarding the storage of content on Gemethyst, including without limitation the maximum number of days that messages, posts or other content will be retained by us, the maximum number of messages or posts that may be sent or received by an account and the maximum size of messages or posts.
We shall not be held responsible or liable for the deletion of or failure to store any messages, communications or other content maintained or transmitted by or under your account or any other part of Gemethyst.
12. Transactions Made Through Gemethyst
You acknowledge that we do not review username listings or content and are not involved in any transaction made between Users using Gemethyst. Accordingly, we do not accept any responsibility or liability for the supply of goods or services made through Gemethyst.
13. Connections to Links and Third Party Sites
Gemethyst may contain links to other sites. These links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from their use.
The User recognizes his exclusive responsibility, and assumes all risks derived from the use of such sites or resources.
14. Communication and removal procedure
From time to time, we may send to you information by email regarding changes or additions to Gemethyst or about any of our products or services.
You use Gemethyst at your own risk and we are under no obligation to provide you with any technical support or to correct any errors, although we reserve the right to do so. If you experience any difficulty using our website, you can contact the Gemethyst Team.
If you wish to complain about any Content uploaded or posted to Gemethyst, please contact the Gemethyst Team. We will then review your complaint and decide whether the Content complies with our Terms of Use. If it does not, we will deal with the matter and we will inform you of the outcome of our review within a reasonable time of receiving your complaint.
If you have any concerns about other material appearing on Gemethyst, please contact the Gemethyst Team.
15. Advertising
Gemethyst may contain advertising. By using Gemethyst and the various services it makes available, you agree that:
• we may send you newsletters and other information to your account, via email or message, that contain advertisements or promotions for goods and/or services whether supplied by us or third parties selected by us;
• such advertising may be targeted to the content of the information on our website or other information which we or advertising networks may hold about you;
• the advertisers are responsible for ensuring that such advertising complies with relevant laws and codes and that we will not be responsible to you for any error or inaccuracy in any such advertising.
16. Pay Services
Gemethyst may offer some pay services or functions. The prices are expressed in USD (dollar).
Taxes and other obligations derived from the purchase of such services/functions are the responsibility of the buyer, and are not reimbursable.
The purchase of a service/function does not entail ownership of the same, but only the right to use or access such service/function. Gemethyst may apply and change tariffs on its services at any time and at its discretion.
17. Other Information
The User recognizes and accepts that the Gemethyst servers are in the United States. As a result, regardless of the User’s place of residence, the uploaded Content is transferred to and stored in the United States. By accepting the present General Terms of Use, the User consents to the transfer, treatment and storage of Content in the United States.
18. Agreement & Claims
These Terms of Use constitute the entire agreement between the User and Gemethyst with regard to Gemethyst’s services. The inability of Gemethyst to exercise or enforce any right or provision of these terms does not constitute a waiver of such right or provision.
Gemethyst can divest these Terms of Use at any time, without restrictions.
If the User feels that Gemethyst has not adhered to these terms, he may contact the Gemethyst Team who will do everything in its power to resolve the reported problem.
19. Warranty Disclaimer
We provide Gemethyst and its Contents and services on an “as is” basis with all faults. The material on Gemethyst is provided without any guarantees, conditions or warranties as to its accuracy.
As information regarding the pricing and description of products on Gemethyst is uploaded by users of our website, we cannot guarantee the accuracy of the information provided. You acknowledge that this information does not amount to an appraisal or valuation by us, it is not necessarily a reflection of prices within the product market and it does not amount to any recommendation or endorsement by us for the sale or purchase of the products.
We are not responsible for any User Content or Content uploaded or transmitted by third parties. You acknowledge that we have no control over and no duty to take any action regarding: what content you access via our website; what effect(s) such content may have on you; how you may interpret or use such content; or what actions you may take as a result of having been exposed to such Content.
We have no obligation to verify the identity of any individuals registering to Gemethyst and its goods or services. We have no obligation to monitor the use of Gemethyst and its services by other Users. As such, we disclaim all liability for identity theft or any other misuse of your identity or information.
We make no guarantee that the information stored on our equipment is secure and, accordingly, we will not be liable for the privacy of email addresses, registration and identification information, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by our website, or otherwise connected with your use of our website.
We do not guarantee that you will be able to access or use Gemethyst at times or locations of your choosing.
20. Indemnity
You shall indemnify us and hold us harmless from all damages, liabilities, costs, claims and expenses that arise out of the content you submit, post or transmit via our website, or from your use or misuse of our website or the use or misuse by any person for whom you are responsible or to whom you have disclosed your account details (whether inadvertently or not) or from your breach of these Terms of Use.
21. Applicable law and jurisdiction
The French courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Gemethyst although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
You must not use Gemethyst in any way that breaches any applicable local, national or international law or regulation.
Any dispute between members must be solved between members, and Gemethyst is not required to take action or to resolve such dispute.
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