AGREEMENT BETWEEN USER AND GEMWERX
The GEMWERX Web Site is comprised of various web pages operated by GEMWERX.
The GEMWERX Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the GEMWERX Web Site constitutes your agreement to all such terms, conditions, and notices.
GEMWERX reserves the right to change the terms, conditions, and notices under which the GEMWERX Web Site is offered, including but not limited to the charges associated with the use of the GEMWERX Web Site.
LINKS TO THIRD PARTY SITES
The GEMWERX Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of GEMWERX and GEMWERX is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GEMWERX is not responsible for webcasting or any other form of transmission received from any Linked Site. GEMWERX is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GEMWERX of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the GEMWERX Web Site, you warrant to GEMWERX that you will not use the GEMWERX Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the GEMWERX Web Site in any manner which could damage, disable, overburden, or impair the GEMWERX Web Site or interfere with any other party's use and enjoyment of the GEMWERX Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the GEMWERX Web Sites.
USE OF COMMUNICATION SERVICES
The GEMWERX Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
GEMWERX has no obligation to monitor the Communication Services. However, GEMWERX reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. GEMWERX reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
GEMWERX reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GEMWERX's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. GEMWERX does not control or endorse the content, messages or information found in any Communication Service and, therefore, GEMWERX specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized GEMWERX spokespersons, and their views do not necessarily reflect those of GEMWERX.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO GEMWERX OR POSTED AT ANY GEMWERX WEB SITE
GEMWERX does not claim ownership of the materials you provide to GEMWERX (including feedback and suggestions) or post, upload, input or submit to any GEMWERX Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting GEMWERX, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. GEMWERX is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in GEMWERX's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE GEMWERX WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GEMWERX AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE GEMWERX WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE GEMWERX WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
GEMWERX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE GEMWERX WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GEMWERX AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : email@example.com
GEMWERX reserves the right, in its sole discretion, to terminate your access to the GEMWERX Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Queensland, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Brisbane, Queensland, Australia in all disputes arising out of or relating to the use of the GEMWERX Web Site. Use of the GEMWERX Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GEMWERX as a result of this agreement or use of the GEMWERX Web Site. GEMWERX's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GEMWERX's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the GEMWERX Web Site or information provided to or gathered by GEMWERX with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GEMWERX with respect to the GEMWERX Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GEMWERX with respect to the GEMWERX Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the GEMWERX website unless otherwise specified are copyright 2007 by TI & DJ Wilks Pty Ltd (GemWerx) and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Australian Copyright Law, notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent at firstname.lastname@example.org . First read Use of Copyright Material.
IMPORTANT INFORMATION ABOUT PURCHASES FROM GEMWERX
Completed purchases made on GemWerx constitute a Sale Agreement that is a legal contract between the Customer and GemWerx. The Customer accepts this Sale Agreement by making a purchase, placing and completing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to " GemWerx" shall relate to GemWerx and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and GemWerx relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by GemWerx. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting GemWerx at the address provided below:GemWerx
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF QUEENSLAND (QLD) AUSTRALIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN QUEENSLAND FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
RISK OR LOSS
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by GemWerx is GemWerx’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.