Last Updated: February 13, 2013
1. ACCEPTANCE OF TERMS
3. USE OF THE SITE
4. USER CONDUCT
b. use the Site or its Content in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
e. knowingly provide or submit false or misleading information;
f. use the Site if you are under the age of thirteen (13);
g. use the Site or its Content in any way that could interfere with the rights of Gemini or the rights of other Users of the Site;
h. attempt to gain unauthorized access to any portion or feature of the Site, other User accounts or any other systems or networks connected to the Site or to any server used by Gemini by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other User;
j. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Site;
k. access, download, monitor, or copy any information contained on the Site through artificial means (including but not limited to use any “deep-link”, “scraper”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process), or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Site; or
l. probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on or of the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other User of the Site, or any other customer of Gemini, including any Gemini account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Gemini and provided for by the Site; or
m. Engage in any action that Gemini determines may interfere with or is detrimental to the use and enjoyment of the Site by others, imposes an unreasonable or disproportionately large load on Gemini’s infrastructure, interferes or attempt to interferes with the proper working of the Site or any activities conducted on the Site.
6. REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Site and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Site, you agree to (a) provide Gemini with true, accurate, current and complete information as prompted by the Gemini’s registration forms, when registering for or using the Site and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. Creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
7. TERMINATION OF ACCESS
Gemini may terminate your privilege to use or access the Site immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Site and agree not to access or make use of, or attempt to use, the Site. Furthermore, you acknowledge that Gemini reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Site. You understand that Gemini may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Gemini.
8. TRADEMARKS AND COPYRIGHTS
9. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Gemini respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the requirements of the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for Users of the Site who are repeat infringers.
Notifying Gemini of Copyright or Trademark Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “Site: DMCA Notification Dept.” at firstname.lastname@example.org that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity infringes your rights. We will need the following information from you:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work, trademark, or other intellectual property that you claim has been infringed;
3. a detailed description of the complained-of material and where the material that you claim is infringing is located or found on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Providing Gemini with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at email@example.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
10. DELAYS AND ACCESSIBILITY
The Site may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Gemini is not responsible for any delays, failures or other damage resulting from such problems.
11. WARRANTIES AND DISCLAIMERS.
You acknowledge that Gemini has no control over, and no duty to take any action regarding: which Users gain access to or use the Site; what effects the content on or in connection with the Site may have on you; how you may interpret or use the content on or in connection with the Site; or what actions you may take as a result of having been exposed to the content on or in connection with the Site. You release Gemini from all liability for you having acquired or not acquired content or information through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Gemini makes no representations concerning any content contained in or accessed through the Site, and Gemini will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. Gemini makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITE AT YOUR OWN RISK. THE SITE ARE PROVIDED ON AN “AS IS”, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER GEMINI NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF GEMINI, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITE. IN NO EVENT WILL GEMINI OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL GEMINI OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GEMINI OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, GEMINI DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GEMINI’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
GEMINI SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND GEMINI HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
The Site may display links to other Internet sites or resources. Because Gemini has no control over such sites and resources, you acknowledge and agree that Gemini is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Gemini shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Gemini has no control over and no duty to take any action regarding: other Users’ behavior, what effects Content may have on you, how you may interpret or use Content, or what actions you may take as a result of having been exposed to Content. You release Gemini from all liability for you having acquired or not acquired Content through the Site. Gemini makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Site, and Gemini will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
13. LIMITATION OF LIABILITY
14. ENTIRE AGREEMENT
15. GOVERNING LAW
Gemini makes no representation that the Site or its Content are appropriate or available for use outside the United States. Access or use of the Site and its Content from jurisdictions where illegal is prohibited. Those who choose to access the Site do so on their own initiative and are responsible for compliance with applicable laws of their jurisdictions.
17. CONTACTING US