Terms of Service

Note that GEMS provides free memberships, paid memberships, and a separate dating service (run by GEMS). The following Terms of Service apply to GEMS memberships.

1. Acceptance of Terms of Service by completing the registration process and clicking on the "REGISTER" button, you agree to be bound by these Terms of Service and to use GEMS in a manner consistent with all applicable laws and regulations. By joining GEMS, you are agreeing to the following Terms of Service if you subsequently use our personals dating application. Users of GEMS Personals can view the relevant GEMS Personals Terms of Service here.

2. Registration Information/Privacy
GEMS may disclose to third parties certain aggregate information contained in your registration application. We will not disclose your name, address, email address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

GEMS may also use third-party companies to provide various services (including but not limited to instant messaging and advertising) when you use this website. If you use those services, the internet protocol address (IP address) of the computer you are using to access the website may be disclosed to those third-party companies, and we may use attributes (including but not limited to age and gender) that you provide in your public profile to display relevant ads to you. GEMS is not responsible for the privacy practices of these third-party companies or any other external websites linked to this site. We encourage you to read the privacy statements of these other websites when you leave our website.

GEMS collects personal information from you in order to create your online dating profile. GEMS will not use or disclose your personal information for purposes other than those described in this policy.

a/MONITORING OF INFORMATION
GEMS reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by GEMS and subject to change from time to time.

b/REMOVAL OF INFORMATION
While GEMS does not and cannot review every message or other material posted or sent by users of the Service, and is not responsible for any content of these messages or materials, GEMS reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in GEMS’S sole discretion, deem to violate the Code of Conduct set out above or any other applicable content guidelines, or to be otherwise unacceptable. Members shall remain solely responsible for the content of profiles, public postings, messages and other materials members may upload to the Service or users of the Service.

3. Modifications to these Terms of Service
GEMS may modify these Terms of Service from time to time in its sole discretion. Notification of these changes will appear on the GEMS website; your continued use of GEMS memberships will signify your acceptance of any changes.
GEMS may, at our discretion, add or delete features and services.

4. ELIGIBILITY
A Member must be 18 years of age or older to visit or use this website in any manner. By visiting GEMS.com or accepting these Terms of Use, members represent and warrant to GEMS that the members are 18 years of age or older, and that members have the right, authority and capacity to agree to and abide by these Terms of Use. A member also represents and warrants to GEMS that a member will use this website in a manner consistent with any and all applicable laws and regulations.

5. Content by GEMS Members
You alone are responsible for any content you post on GEMS, including but not limited to feedback boards, personal ads, blogs and member profiles — and the consequences of any such content. You agree not to use GEMS or its partner sites to post or distribute material (including but not limited to text, graphics, video, programs or audio) that is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You also agree not to post material that contains advertising or any form of commercial solicitation, and not to impersonate any other person or entity, including impersonating an employee or consultant of GEMS or any of its partner sites.

In the case where you join GEMS, do not post any contact information in your personal ad, including, but not limited to, email addresses, phone numbers, URLs, ICQ numbers or any kind of instant messaging identification. Any such contact information may be removed by GEMS. GEMS is not responsible for any interactions that occur between members after such contact information has been privately exchanged.

6. Copyrighted Material
GEMS respects the intellectual property of others and we ask that our users do the same. All material in GEMS and its partner sites, including, without limitation, text, software, photos, video, graphics, music and sound, is protected by U.S. and international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by GEMS or a third-party content provider is allowed by members for personal use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise. Any material protected by copyright may not be posted on GEMS without the express permission of the author or owner of the copyright on that material.

If you believe that your copyrighted work has been infringed and you want us to take down or disable the infringement, please provide the GEMS copyright agent with the following information. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).

1) A physical or electronic signature of a person authorized to act on behalf of the copyright owner or exclusive licensee.
2) Identification of the copyrighted work claimed to be infringed. If a notice refers to multiple works posted at a single location, it is sufficient to include a representative list of works infringed at the site.
3) Identification of the material claimed to be infringing including information reasonably sufficient to permit the service provider to locate the material. Specifically, a complete URL — or URLs in the case of multiple works — must be provided.
4) Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and email address.
5) A statement that the complaining party believes, in good faith, that the copyrighted material identified is being used in a manner that is not authorized by "the copyright owner, its agent, or the law."
6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any notification by a copyright owner or a person authorized to act on the copyright owner's behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon GEMS actual knowledge of facts or circumstances from which infringing material or acts are evident.

7. Your Account and Password
You are responsible for maintaining the confidentiality of your member name and password. You are responsible for all uses of its account, whether or not authorized by you. You agree to immediately notify GEMS of any unauthorized use of its account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you.

For GEMS membership cancellations, please fill out a ticket in the GEMS Account Maintenance. If relevant to GEMS Web Matchmaking Subscriptions, disputed GEMS membership charges may be reported to GEMS within 40 days using the GEMS Contact Us / Client Service page.

a/FEE FOR SERVICES
In addition to the free services provided on the GEMS.com Web site, certain services are offered which require payment for service. Where payment is required, the following additional terms and conditions will apply

b/PRIVACY OF FINANCIAL INFORMATION

GEMS will use the credit card information you provide to bill you for goods and services. By registering for a for-fee service and providing your credit card details, members agree to be billed by GEMS for your for-fee service in advance. GEMS will not share your financial information with third-parties, except as necessary to process your payment. By providing your credit card details to GEMS, members consent to and authorize GEMS to provide members credit card details to such credit card processors and financial institutions as are necessary to process member payment.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF GEMS IS AT YOUR SOLE RISK. NERVE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

GEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

GEMS MAKES NO WARRANTY THAT GEMS WILL MEET YOUR REQUIREMENTS, OR THAT GEMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES GEMS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF GEMS, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEMS. GEMS IS NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEMS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

GEMS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH GEMS OR ANY TRANSACTIONS ENTERED INTO THROUGH GEMS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH GEMS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

GEMS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE GEMS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH GEMS, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF NERVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Member Content Storage
GEMS assumes no responsibility for the deletion of or failure to store your content.

10. Indemnification
You agree to indemnify GEMS, its parents, subsidiaries, affiliates, partner sites, officers and employees against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of GEMS, the violation of these Terms of Service by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

11. Termination of Membership
GEMS reserves the right to refuse membership to anyone. GEMS may terminate your membership and any and all information, communications, or postings at any time, without notice, for conduct that violates this agreement or other policies or guidelines set out by GEMS elsewhere on GEMS, or for online conduct that GEMS believes is harmful to other members, the business of GEMS, or other third-party information providers.

While we can't regulate what happens between members once they decide to meet offline, we do take all complaints regarding offline behavior very seriously. If we feel that your continued use of the GEMS could lead to offline behavior that is harmful to other members or the business of GEMS, we will suspend your account with no refund. Depending on the severity and/or number of complaints, we may or may not send you warning emails before suspending your account.

Members may request cancellation of services of any GEMS service at any time. Where, however, a fee has been paid for a service, all such payments for service are non-refundable. Where billing for a service is recurring on a monthly, yearly or other periodic basis, the unused portion of the current service period will not be refunded.

12. Legal Venue
This agreement shall be governed by the laws of the State of New York in The United States of America, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods.

13. Severability & Headings
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

14. Entire Agreement
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

15. DISCLOSURE AND OTHER COMMUNICATION
GEMS reserves the right to send electronic mail to its members, for the purpose of informing members of changes or additions to the Service, or of any GEMS related products and services. GEMS reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.


© GEMSmatch.com, 2009