Terms of Use

Gemster service is operated by Gemster Group, Inc. ("Gemster"). By using the gemsterapp.com website and Gemster service you are agreeing to be bound by the following terms and conditions ("Terms of Use").

Basic Terms

You must be 13 years or older to use this site.

You may not post nude, partially nude, or sexually suggestive photos.

You are responsible for any activity that occurs under your screen name.

You must not abuse, harass, threaten, impersonate or intimidate other Gemster users.

You may not use the Gemster service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Gemster service.

You must not modify, adapt or hack Gemster or modify another website so as to falsely imply that it is associated with Gemster.

You must not access Gemster's private API by any other means other than the Gemster application itself.

You must not crawl, scrape, or otherwise cache any content from Gemster including but not limited to user profiles and photos.

You must not create or submit unwanted email or comments to any Gemster members ("Spam").

You must not use web URLs in your name without prior written consent from Gemster Group, inc.

You must not transmit any worms or viruses or any code of a destructive nature.

You must not, in the use of Gemster, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your Gemster account. While Gemster prohibits such conduct and content on its site, you understand and agree that Gemster cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Gemster service at your own risk.

General Conditions

We reserve the right to modify or terminate the Gemster service for any reason, without notice at any time.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access Web site. It is your responsibility to regularly review these Terms of Use.We reserve the right to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

Proprietary Rights in Content on Gemster

Gemster does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Gemster Services. By displaying or publishing ("posting") any Content on or through the Gemster Services, you hereby grant to Gemster a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Gemster Services.

Some of the Gemster Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Gemster may place such advertising and promotions on the Gemster Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

You represent and warrant that: (i) you own the Content posted by you on or through the Gemster Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Gemster Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Gemster Services.

The Gemster Services contain Content of Gemster ("Gemster Content"). Gemster Content is protected by copyright, trademark, patent, trade secret and other laws, and Gemster owns and retains all rights in the Gemster Content and the Gemster Services. Gemster hereby grants you a limited, revocable, non sublicensable license to reproduce and display the Gemster Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Gemster Services.

The Gemster Services contain Content of Users and other Gemster licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Gemster Services.

Gemster performs technical functions necessary to offer the Gemster Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Gemster Services.

Although the Site and other Gemster Services are normally available, there will be occasions when the Site or other Gemster Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Gemster. Also, although Gemster will normally only delete Content that violates this Agreement, Gemster reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Gemster in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Gemster encourages you to maintain your own backup of your Content. In other words, Gemster is not a backup service. Gemster will not be liable to you for any modification, suspension, or discontinuation of the Gemster Services, or the loss of any Content.