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Girls Educational and Mentoring Services (GEMS) maintains this Web site (www.gems-girls.org) in order to provide you with information about our work and to enable you to interact with us online. Access to and use of GEMS’s Web site, linking to GEMS’s Web site as well as downloading GEMS materials and content is subject to the below terms and conditions set forth in this Terms of Use. Please note that GEMS reserves the right to alter or amend this Terms of Use at any time for any reason and without notice. You acknowledge and agree that you are responsible for keeping yourself apprised of any such changes.

YOUR USE OF GEMS’S WEB SITE CONSTITUTES YOUR AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH IN THIS TERMS OF USE AND ANY OTHER TERMS AND CONDITIONS THAT MAY BE OUTLINED ELSEWHERE ON GEMS’S WEB SITE.

INTELLECTUAL PROPERTY AND TRADEMARK OWNERSHIP

You acknowledge and agree that GEMS is the sole owner of GEMS’s name, logo, other GEMS registered trademarks and service marks (“GEMS’ Marks”) as well as GEMS’ copyrighted films, audio media, publications, artwork and other content found on GEMS’s Web site.

LIMITED LICENSE

If you are interested in linking to GEMS’s Web site or using or downloading GEMS’s materials and content and are over 18, please read through this Terms of Use and notify GEMS by sending an e-mail to info@gems-girls.org. In your e-mail, include your name, your organization name, contact information as well as the URL of your Web site that will be linking to GEMS.

By linking to GEMS’s Web site or downloading GEMS’s material and content, you hereby agreed to be bound by the terms and conditions set forth below:

USE

You understand that you may not use GEMS’s logo (left) without GEMS’ permission in advance, but you may link to GEMS using one of GEMS approved banners and links provided you act in full compliance with the terms and conditions of this Terms of Use.   Specifically, you acknowledge and agree that you may only use GEMS approved banners and links and/or GEMS materials or content for non-commercial, educational purposes and raising awareness about GEMS.

You acknowledge and agree that your use of any GEMS approved banners and links and/or GEMS materials or content bearing GEMS’ Marks may not be altered in font, design, arrangement, colors or elements; nor may they be animated, morphed or otherwise distorted in perspective or appearance.

You acknowledge and agree that you may not commercially exploit GEMS’ materials or content and/or GEMD approved banners and links.

You agree that you will not use GEMS’s materials and content and/or GEMS’ banners and links for purposes that violate the laws of any state, country or other jurisdiction, including without limitation all laws relating to copyright and trademark.

You acknowledge and agree that you may not misrepresent your relationship with GEMS.

Your use of GEMS’s material and content and/or GEMS approved banners and links may not indicate or create an impression that GEMS endorses, approves, sponsors or is affiliated with your products, goods, services or Web site.

Your use of GEMS’s material and content and/or GEMS approved banners or links may not indicate or create an impression that GEMS will benefit from the sale of any good or service unless a cause-related product/service partnership with your organization, company or group has been approved by GEMS.

Your use of GEMS’s material and content and/or GEMS approved banners or links may not be used in any manner likely to confuse, mislead, or deceive the public, or be adverse to the best interests of GEMS.

You acknowledge and agree that you are prohibited from using GEMS’s material and content and/or GEMS approved banners or links in any way that GEMS finds, in its sole discretion, to be objectionable or which includes obscene, violent, intolerant, tasteless, denigrating or sexually oriented content or materials. Specifically, GEMS’s approved banners and links may not appear on any pages of any Web sites that include content or advertising for alcoholic beverages, tobacco, pornography, commercial sexual exploitation,  partisan material, political material or firearms.

TERMINATION

GEMS may revoke your right to use GEMS’ materials and content and/or GEMS’ banners and links at anytime with or without cause. Upon receipt of notice of termination, you shall immediately cease any and all further use of GEMS’ materials and content and/or GEMS’ approved banners and links.  GEMS has the right to seek appropriate legal action to terminate any uses of GEMS’ materials and content and/or GEMS’ banners and links in the event that GEMS determines that your use does not conform to any terms and conditions of this Terms of Use or as provided elsewhere on the Web site; infringes any intellectual property right or other right of GEMS or a third party, adversely affects GEMS’s image, reputation or services or programs, violates any applicable law, regulation or ordinance, and/or is a prohibited activity.

CHOICE OF LAW; JURISDICTION

This Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to conflict of law provisions of your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection herewith shall be brought solely in New York County, State of New York, and you consent to the jurisdiction of such courts.

REMEDIES

Please be aware that violation of GEMS’s copyright, trademark, or other intellectual property rights may subject you to civil and criminal penalties.

INDEMNITY

You agree to indemnify and hold harmless GEMS for any harm arising out of your wrongful and/or improper use of GEMS’s Web site, materials and content, and/or approved banners and links.

DISCLAIMER OF WARRANTY

GEMS MAKES NO WARRANTIES, REPRESENTATIONS OR STATEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THE MATERIALS AND CONTENTS ON ITS WEB SITE, INCLUDING ITS MARKS, AND HEREBY DISCLAIMS ALL WARRANTIES THAT MIGHT OTHERWISE BE IMPLIED BY LAW.  USE OF GEMS’S MATERIALS AND CONTENT AND/OR GEMS APPROVED BANNERS AND LINKS IS SOLELY AT YOUR OWN RISK.