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