Effective: July 22, 2021
This is a general audience Website for adults. Gemma Magazine will assume, and by using this Website you warrant that, you have the legal capacity to enter into this Agreement. In other words, you warrant that you are of sufficient age and mental capacity, and otherwise entitled to be legally bound in contract.
Gemma Magazine reserves the right to modify or amend this Agreement at any time, without notice, in its sole discretion. Gemma Magazine will provide the Last Revised date contained hereinabove; your continued use or accessing of this Website following the posting of any changes to this Agreement constitutes your acceptance of such changes. If you do not agree with the Agreement as amended, you are not authorized to use this Website.
Any rights not expressly granted herein are reserved.
LICENSE TO USE SITE
Gemma Magazine grants you a limited, non-exclusive, non-transferable license to access and view this Website solely for your personal and non-commercial use, and solely in accordance with this Agreement. You are not authorized to use the materials for any other purpose.
Unless otherwise, specified you will not: (1) modify, copy, distribute, display, perform, reproduce, transmit, license, create derivative works from, sell or transfer any information obtained any content provided on this Website; or (2) use our site in any way that violates the terms of this Agreement.
This Agreement is personal to you. You may not assign, transfer or delegate your rights and/or duties under this Agreement to anyone else. Any attempt to assign, sub-license, or transfer any of the rights, duties, or obligations in violation of this Agreement is void. Gemma Magazine reserves the right to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.
You are solely responsible for maintaining the confidentiality of your Account Information. If you become aware of unauthorized use of your Account Information, you agree to notify Gemma Magazine immediately of such unauthorized use. Gemma Magazine is not responsible for any losses arising out of the unauthorized use of your account. You agree to indemnify and hold Gemma Magazine, its employees, officers, directors, affiliates, contracts, assignees, and agents harmless, as applicable, for any unauthorized, improper, or illegal uses of your account.
To the extent required by law, Gemma Magazine may cooperate with, and disclose information, including Account Information, to any authority or government official, without notice, in connection with an investigation, proceeding, or claim to arise from an asserted illegal action or infringement, whether related or unrelated to your use or misuse of this Website.
Gemma Magazine is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability, and is actively working to increase the accessibility and usability of this Website. The content of this Website has been written and formatted to make it as accessible as possible. If you have accessibility issues, please at email@example.com
This site is owned by Gemma Magazine. All material appearing on this Website or in other marketing materials, including logos, photos, and written material is the property of the respective content owners and are protected by applicable copyright laws, intellectual property laws, and international treaty provisions. You may not substantially reuse any material appearing on this Website without Gemma Magazine’s express written permission.
While Gemma Magazine uses reasonable efforts to include up-to-date information on this Website and online services, Gemma Magazine makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
GEMMA MAGAZINE PROVIDES THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ASPIRE TO ACQUIRE, ITS AFFILIATES AND ITS AGENTS DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FINDING FABULOUS MEDI DOES NOT WARRANT THAT THIS WEBSITE, OR YOUR ACCESS TO OR USE OF THIS WEBSITE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. GEMMA MAGAZINE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GEMMA MAGAZINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SERVICES, OR OTHER CONTENT ON THIS WEBSITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. GEMMA MAGAZINE MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SERVICE, OR OTHER CONTENT IN THIS WEBSITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND GEMMA MAGAZINE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
Gemma Magazine will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website: (1) to the extent that this Website is provided free-of-charge, for any direct loss; (2) for any indirect, special or consequential loss; or (3) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Gemma Magazine has been expressly advised of the potential loss. No oral or written advice or information given by Gemma Magazine, its employees, officers, directors, affiliates, contracts, assignees, agents, or others will create a warranty. Neither you nor any third party may rely on any such advice or information. Because some jurisdictions do not allow for the exclusion of damages, Gemma Magazine’s liability in such jurisdictions shall be limited to the greatest extent permitted by the law of such jurisdiction. Because some jurisdictions do not permit the disclaimer of certain warranties, the disclaimers set for the above may not apply to you. This paragraph will only apply if an arbitration with applicable jurisdiction finds exclusions of damages or limitations of liability to be unconscionable.
You agree that you will indemnify, defend and hold harmless Gemma Magazine, its employees, officers, directors, affiliates, contracts, assignees, and agents for and against any costs, claims, damages, losses, or other liabilities arising from your use of this Website in breach of this Agreement or in violation of any applicable laws and regulations.
TERMINATION OF USE
Gemma Magazine may, in its sole discretion, terminate or suspend your access to all or part of the Website, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding content appearing on this Website and the representations and warranties, indemnities, and limitations of liabilities set forth in this Agreement shall survive any such termination.
This Agreement shall be governed and construed in accordance with the laws of the United States and the state of California. Any legal action, suit, or proceeding arising out of, or relating to, this Agreement, must be instituted exclusively in the state or federal courts of California and no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in and agree to service of process issued or authorized by, any such court.
This Agreement is the final, complete, and exclusive agreement between you and Gemma Magazine with respect to your use of this Website.
If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision shall be severed from this Agreement, and the remaining provisions of this Agreement shall remain in force.
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