PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS Gems for the Journey WEBSITE.
Your access and use of this website (“Site”) is subject to and governed by these Terms and Conditions of Use and all applicable laws. Gems for the Journey may revise and update these Terms and Conditions at any time and in its sole discretion and such revisions are binding on the Site users. Your continued usage of the Site will mean you accept and agree to any such changes.
USE OF CONTENT
You should assume that everything you see or read on the Site, including but not limited to all designs, text, graphics and files and the selection and arrangement thereof, is protected by copyright under United States and foreign laws, unless otherwise noted, and may not be used without the express written permission of Gems for the Journey , except as provided in these Terms and Conditions of Use or in the text on the Site. Gems for the Journey neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties who are not owned by or affiliated with Gems for the Journey .
You may download material displayed on the Site for your personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the Contents of the Site for public or commercial purposes, including the text, images, audio, and video, without Gems for the Journey prior written permission.
Images of people or places displayed on the Site are either the property of, or used with permission by, Gems for the Journey LLC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the “Trademark(s)”) displayed on the Site are registered and unregistered Trademark(s) of Gems for the Journey or others. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark(s) displayed on the Site without the written permission of Gems for the Journey or such third party that may own the Trademark(s) displayed on the Site. Your misuse of the Trademark(s) displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions of Use, is strictly prohibited.
Gems for the Journey will aggressively enforce its intellectual property rights to the fullest extent of the law, which may include the seeking of criminal prosecution.
USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. NEITHER GEMS FOR THE JOURNEY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, CONTRIBUTING TO, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS.
Specifically, Gems for the Journey makes no representations or warranties about the following: (i) the accuracy, reliability, completeness including errors or omissions, correctness or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the Site;
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Gems for the Journey and its affiliates, licensors, and suppliers. Accordingly, Gems for the Journey and its affiliates, licensors, and suppliers assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. Gems for the Journey and its affiliates, licensors, suppliers, and Content providers also assume no responsibility, and shall not be liable, for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Gems for the Journey has not reviewed all of the sites that may be linked to the Site and is not responsible for the contents of any off-Site pages or any other sites linked to or from the Site. Your linking to any other off-Site pages or other sites is at your own risk.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and non-proprietary and will not establish a relationship between you and Gems for the Journey.
Anything you transmit or post may be used by Gems for the Journey or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Gems for the Journey is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.
You should be aware that when you disclose personal information (including, user name, e-mail address, personal details about yourself, etc.) on the public areas of the Site (including message boards, etc.) you do so voluntarily, and that such information can be collected and used by others and may result in unsolicited messages from other posters or parties.
You agree to defend, indemnify, and hold Gems for the Journey and its affiliates, employees, contractors, agents, licensors, suppliers, and Content providers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable attorney’s fees, resulting from, or alleged to result from, your violation of these Terms and Conditions of Use.
Gems for the Journey and its affiliates are based in Pennsylvania . You expressly agree that exclusive jurisdiction for any dispute with Gems for the Journey, or in any way relating to your use of the Gems for the Journey site, resides in the courts of the state of Pennsylvania ; and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the state of Pennsylvania in connection with any such dispute including, without limitation, any claim involving Gems for the Journey and its affiliates, employees, contractors, agents, licensors, suppliers and content providers.
These Terms and Conditions of Use are governed by the internal substantive laws of the State of Pennsylvania, without respect to its conflict of laws principles. If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of the terms and conditions shall be deemed a further or continuing waiver of such term or condition of any other term or condition.
MODIFICATION TO TERMS AND CONDITIONS OF USE
Gems for the Journey may at any time, in its sole discretion, revise these Terms and Conditions of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions of Use to which you are bound.
Except as expressly provided in a particular “legal notice” on the Site, these Terms and Conditions constitute the entire agreement between you and Gems for the Journey with respect to the use of Gems for the Journey Site and content. If you have any questions about these Terms and Conditions please contact us at: