Gem Margin Books ("We", "Our", "Us", "Gem Margin Books", "gmbooks.online", "Gem Margin Books APP", "Service" ) , funded by Forte Cloud 9 Tech Co. Inc., values Our users and worked hard to provide quality services to meet the needs of Our users. We provide this User Agreement( "User Agreement", "Agreement" ) to describe your rights and duty when using Our Website and / or services. Our User Agreement applies to all of the services offered by Gem Margin Books and its affiliates. This Agreement shall be effective upon your use of Our Website and Services and is further affirmed by you clicking “Accept”. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. You are required to read and agree to this User Agreement:
( 1 )
This User Agreement ( "User Agreement" , "Agreement" ) set out the rights and obligations of all persons and entities regarding the use of Our Website and Service,
and governs the agreement that operates between You and Us.
This User Agreement apply to all visitors, users and others who access or use Our Website Our Websites, services, APIs, software, apps, communications,
and other services that state that they are offered under this Agreement ("Services").
Your access to and use of Our Website and / or Services is conditioned on Your complete acceptance of and compliance with Our User Agreement
and Our Privacy Policy.
You are required to read this Agreement carefully before using Our Our Website and / or Services.
Your accessing or using of Our Website and / or Service constitutes your agreement to be bound by these provisions of this User Agreement.
If You disagree with any part of this User Agreement then You may not access Our Website and / or Services.
( 2 )
The provisions of the Agreement relating to feature-specific terms, interpretation, notice and assignability apply to all Our Website, Services and software.
Our email notices, Webpage and mobile app instructions, notifications, messages and alerts, event notices,
and other ways of notices and alerts( "Platform Rules" )
also constitute part of Our User Agreement, and thus are legally binding.
Our Platform Rules supersedes any and all previous and contemporaneous understandings or agreements between the parties with respect to the same subject matter.
( 3 )
We reserve the right, at Our sole discretion, to amend or replace these Terms at any time.
The modified Agreement supersedes any and all previous and contemporaneous understandings or agreements
between the parties with respect to the same subject matter. You are advised to check Our User Agreement regularly to know your rights and obligations.
By continuing to access or use Our Website and / or Services after those revisions become effective, you agree to be bound by the revised terms.
If You do not agree to the amended User Agreement, in whole or in part, please stop using Our Website and / or Services.
( 4 )
You need to have both mental and legal capacity upon visiting Our Websites and / or using Our services.
If you do not have both mental and legal capacity or are a child or minor under the age of 18,
you are required to get parent or guardian permission to visit Our Websites and / or use Our services,
and Your parents or guardian have read, fully understand, and agree to be bound by this Agreement on your behalf.
We assume you have Your parent or guardian's warranty to do so at your own risk when accessing Our Websites and / or services,
and you and your parent or guardian will be liable both financially and legally for any obligations and activities related to
your accessing Our Websites and / or services.
( 5 )
Our basic Services and software are free to use and download, however data rates may apply from your network or phone plan carriers.
( 6 )
We use email notices, Webpage notifications, mobile app notifications, and other ways of notices We deem appropriate to communicate
our upcoming events, updates, changes and other required notifications to Our users. We consider your receipt of Our notices upon sending.
( 7 )
Access to or any rights or services related to your user account can not be used and / or transferred to other person or entity with or without compensation.
( 8 )You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password,
whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third-party.
You are legally responsible for any damages caused to Us, any third-parties and yourself if such damages
are caused by your password being lost or stolen out of your negligence or being disclosed to any third-party.
( 9 )We reserve the right to terminate Our services to you without notice if, in Our sole discretion, you violated this User Agreement.
Upon termination, you lose the right to access or use Our Website and / or Services immediately.
However, you will remain liable both financially and legally for all existing obligations and activities related to your account
even after your account is closed.
( 10 )
The provisions of Our User Agreement apply to all Our Website, Services and software. By accessing or downloading from Our Website and /or Services,
you agree to Our User Agreement.
Thus, you are required to read this Agreement carefully.
If you do not understand or have any questions about this Agreement, please leave the Website and contact us.
If You do not agree to this Agreement, in whole or in part, please stop using Our Website and / or Services.
By continuing to access or use Our Website and / or Services, you agree to be bound by Our User Agreement.
Your personal account may neither be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Us, nor created and / or used by other person knowingly. User Content or User activities that are illegal and/or prohibited with respect to the Services. When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. You may not impersonate other person or entity, user emails other than yours, transfer / sell your account to others, or use as username a name that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
We do not endorse and has no control over the the Content that you or other Users post on or through any of the Services, and any material or information
that you or other Users transmit to each other and for your interactions with other Users (the "User Content").
User Content is not necessarily reviewed by Us prior to posting and does not necessarily reflect the opinions or policies of Us.
We makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or
information that you transmit to other Users.
We are not responsible for the User Content of Our Website and Services.
You expressly understand and agree that You are solely responsible for the Content and for all activities
that occurs under your account, whether done so by You or any third person using Your account.
We reserves the right, but not the obligation, to investigate and take appropriate legal action against anyone who,
in Our sole discretion, violates this provision, including without limitation,
make formatting and edits and change the manner of any Content, refuse or removing the offending communication from the Services,
terminating the membership of such violators,
notifying and/or fully cooperating with the appropriate authorities with respect to the same.
Illegal and/or prohibited User Content or User activities with respect to Our Website and Services include,
but are not limited to User Content or User activities that, in Our sole discretion:
illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Users by electronic or
other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is strictly prohibited;
impersonating any person or entity including Us and Our employees or representatives;
transmitting unlawful Content or promoting unlawful activity;
transmitting defamatory, discriminatory, threatening, mean-spirited, libelous, offensive, obscene, or objectionable content,
including references or commentary about religion,
race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
transmitting content that is spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters,
any other form of unauthorized solicitation, or any form of lottery or gambling;
transmitting content that containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt,
damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access
to any data or other information of a third person;
transmitting content that infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright,
right of publicity or other rights;
transmitting content that Violating the privacy of any third person;
and transmitting content that containing false information and features purposely.
As We can not control all content posted by users and/or third-parties on Our Website and Services,
you agree to use Our Website and / or Services at your own risk.
You understand that by using Our Website and / or Services You may be exposed to content that You may find offensive, indecent, incorrect or objectionable,
and You agree that under no circumstances will We be liable in any way for any content, including any errors or omissions in any content,
or any loss or damage of any kind incurred as a result of your use of Our Website and / or Services.
( 1 )The works of authorship contained in the Our Website and / or Services, including but not limited to all design,
text, sound recordings and images, are owned, except as otherwise expressly stated, by Us and Member who posted them.
They may not be modified, copied, reproduced, republished, downloaded, posted, transmitted, displayed, performed, compiled,
sold, distributed, licensed, altered, framed, stored for subsequent use or otherwise
used in whole or in part, for compensation or otherwise, in any form or by any means,
including but not limited to, electronic, mechanical, photocopying, recording or other means, without Our prior express written permission.
All copyright, trademark, service mark and other proprietary notices are not to be reproduced as they appear in any such Materials.
You are not permitted to copy or otherwise use these Marks without Our prior written consent.
We explicitly reserve the right to take any and all appropriate legal action in response to any illegal or unauthorized use of Our content.
( 2 )You must cite Us and Our Website address explicitly as the content source when you
modify, copy, reproduce, republish, post, transmit, display, perform, compile,
sell, distribute, alter, frame, etc. in whole or in part, any of Our Content after You received Our written consent.
( 3 )
We respect the intellectual property rights of others and desire to offer a platform which has no violation of intellectual property rights or other content violation.
Our User Agreement requires that information posted by Members be accurate, lawful and not in violation of the rights of third-parties.
It is Our policy to respond to any claim that Content posted by Our Members on Our Website and /or Services infringes a copyright or other intellectual property infringement of any person.
Our policy and procedures are described and/or referenced below:
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way
that constitutes copyright infringement that is taking place through the Service,
You must submit Your notice in writing to the attention of Our copyright agent via Our Contact Us Page,
and include in Your notice a detailed description of the alleged infringement:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., Web page address) of the location
where the copyrighted work exists or a copy of the copyrighted work;
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located;
Your address, telephone number, and email address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate
and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Upon receipt of a notification, We will take whatever action, in Our sole discretion, it deems appropriate,
including removal of the challenged content from Our Website and / or Service.
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury.
A false notice or counter-notice may give rise to personal liability.
You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
We respect your privacy as a user of Our Website and Services. Please review Our Privacy Policy in order to better understand Our commitment to securely maintaining your privacy, our use and disclosure of your information, as Well as Your privacy rights and how the law protects You. Your access to and use of Our Website and / or Services is also conditioned on Your acceptance of and compliance with the Our Privacy Policy.
（1）You are entirely responsible for maintaining the confidentiality of the password that You use to access Our Services and for any activities or actions under Your password,
whether Your password is with Our Service or a Third-Party Service We use.
You are legally responsible for any damages caused to Us, any third-parties and yourself if such damages are caused by your password being lost or stolen out of
your negligence or being disclosed to any third-party.
（2）You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account,
so We can take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of your data.
（3）Failure to safegard your account credentials constitutes a breach of the Agreement, which may result in immediate termination of Your account on Our Service.
We may display third-party advertisements (including links and references thereto) or other information near your content or in any part of Our Website and / or Services, in Our sole discretion and without consent from, or compensation, fee reduction, or other credit to, You. We do not have any control over the products or services provided by third-party links who advertise on Our Website and / or Services, and We can not ensure that a third-party buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. The display of such advertise of products or services is solely informational, and does not constitute an endorsement by Us of any goods, products or services advertised and promoted by such advertisers. You assume all risk related to the clicking, purchasing, using of or relying on any such advertised content, goods or services. We strongly advise you to use your discretion when making such actions. Unless otherwise expressly provided, We have no control over and does not guarantee: the existence, availability, quality, safety, or legality of items and services advertised; We expressly disclaims all representations, guarantees and warranties of any kind, whether express or implied with respect to the same, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement. We 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 the purchase, use of or reliance on any such advertised content, goods or services.
Our Website and APPs may contain links to third-party Websites or services that are not owned or controlled by the Company.
We only provide such links as possible convenience information sources for users,
but have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party Websites or services.
You further acknowledge and agree that the We 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 the use of or reliance on any such content,
goods or services available on or through any such Websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party Websites or services that You visit.
You will indemnify and hold Us (including Our parent Companies, affiliates and subsidiaries, as Well as Our and their respective officers, directors, employees, agents, joint venturers, service providers and suppliers) harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of this User Agreement, your improper use of the Our services, your violation of any law, regulations or the rights of a third-party and/or the actions or inactions of any third-party to whom you grant permissions to use your Account or access Our Websites, APPs, software, systems (including any networks and servers used to provide any of the Our services) operated by Us or on Our behalf, or any of the services on your behalf.
( 1 )
The operation of Our Websites, software, APPs,
or systems (including any networks and servers used to provide any of Our services) operated by Us or on Our behalf may be interfered with
by numerous factors outside of Our control.
Our Website and / or Services (including content and information) are provided on an “as is” and “as available” basis
without any representation or warranty, whether express, implied or statutory,
including but not limited to any warranty of title, accuracy of data, services being continuous, uninterrupted, securely accessible or error-free,
non-infringement, merchantability, fitness for a particular purpose and non-infringement of rights of another person or entity.
( 2 )Our software such as an API, developer’s toolkit, mobile APP or other software application may be
downloaded from Our Website.
We grant you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or
use Our software in accordance with the documentation accompanying such software.
This license grant applies to the software and all updates, upgrades, new versions and replacement software.
You may not rent, lease or otherwise transfer your rights in the software to a third-party.
You must comply with the implementation,
access and use requirements contained in all documentation accompanying Our software.
If you are using a same-named software that acquired through a Web or mobile platforms other than from Our Website and / or Services,
or do not comply with implementation, access and use requirements,
you will be liable for all resulting damages suffered by you, Us and third-parties.
We may update or discontinue any software upon notice to you.
( 3 )
We do not have any control over the products or services provided by third-party links who advertise on Our Website and / or Services,
and We can not ensure that a third-party buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so.
We expressly disclaims all representations, guarantees and warranties of any kind with regard to the advertised content, goods or services,
whether expressed or implied.
We 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 the purchase or sell,
use of or reliance on any such advertised content, goods or services.
You are fully responsible and assume all risk related to the clicking, purchasing, using of or relying on any such advertised content, goods or services.
( 4 )
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
( 1 )In all circumstances (unless We have entered into a separate written agreement that overrides this contract),
We will not be liable to you or any third-party in connection with this contract for lost profits or lost business opportunities,
goodwill or reputation (e.g., offensive or defamatory statements),
loss of data (e.g., down time or loss, use of, or changes to, your information or content)
or any indirect, incidental, consequential, special or punitive damages,
and all such damages or losses are expressly excluded by this Agreement whether or not
they Were foreseeable or We Were advised of such damages or losses.
( 2 )
We work hard to ensure that Our Website meets the needs of all users regardless of their individual circumstances and ability.
We strive to adhere to the Web Content Accessibility Guidelines 2.1 (WCAG 2.1) as closely as possible.
Without limiting the generality of the foregoing, We
(including Our parent, subsidiaries, and affiliates, and Our and their officers, directors, agents, and employees)
are not liable, and you agree not to hold Us responsible, for any damages or losses
(including, but not limited to, loss of money, goodwill or reputation, profits, loss of or inability to do business, other intangible losses, or any special, indirect, or consequential damages)
resulting directly or indirectly from Our Websites and / or services being entirely or partially delayed, disrupted, suspended or interrupted due to
reasons including but not limited to:
a) Hardware devices relocate, change and maintenance of Website and / or Service;
b) natural disasters, theft, destruction, viruses or other malicious attacks, delay in operation or transmission, communications line failure, technical problems by third-party, and
other force majeure;
c) Your breach of this User Agreement, your improper use of the Our services, your violation of any law, regulations or the rights of
a third-party;
d) glitches, errors or inaccuracies of any kind in Our Services due to a lack of available technology, or by factors outside of Our control.
( 3 )We are continuously fixing, modifying and improvising Our Website and Services to provide the optimal level of services to Our users.
If you find any malfunction(s) or have any suggestions for improving Our Website,
please Contact Us to report your issue for action.
We are continuously adding new functionalities and features to Our Website and Services to provide the optimal level of user experience and improve Our operation and cyber security. You agree that We have the right to add to, upgrade, modify, update, suspend, or discontinue all or any parts of Our Website and / or Services for any reason at Our discretion. We may notify you when new updates are available for Our APPs, but the decision to install new updates is at your discretion. However, at least part of APPs may not function as designed if the newest updates are not installed properly. You also have the right to close your account and terminate your relationship with Us at any time without cost. Your right to use the Service will cease immediately upon termination. On termination, you lose the right to access or use Our Website and / or Services immediately, and your account information and related User Content will be deleted, if technically and legally possible, or anonymized. However, you will remain liable both financially and legally for all existing obligations and activities related to your account even after your account is closed.
We reserve the right, at Our sole discretion, to amend or replace these Terms at any time. The modified Agreement supersedes any and all previous and contemporaneous understandings or agreements between the parties with respect to the same subject matter. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Services. By continuing to access or use Our Website and / or Services after those revisions become effective, you agree to be bound by the revised terms.
Our Agreement will be governed by and construed under the applicable laws of Our choice without regard to its principles of conflicts of laws. You expressly agree that any claim, suit, action or dispute at law or equity that has arisen or may arise between you and Us will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it: Affects your and Our rights and will impact how claims between you and Us are resolved, including your and Our agreement to waive the right to trial by jury. Includes a Prohibition of Class and Representative Actions and Non-Individualized Relief pursuant to which you agree to waive your right to participate in a class action lawsuit against Us. If a dispute arises between You and Us, Our goal is to learn about and address your concerns. If We are unable to do so to your satisfaction, We aim to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Us regarding Our Website and / or Services may be reported to customer service online through Our Contact Us Page. If a suit or action arising due to Our failed dispute resolution above, you agree to arbitrate or submit to the applicable courts of Our choice for any claim.
We assume you have both mental and legal capacity upon visiting Our Websites and / or using Our services. If you are a child or minor under the age of 18, you are required to get parent or guardian permission to visit Our Websites and / or use Our services.
( 1 ) This Agreement constitutes the entire agreement between the parties hereto with respect to its subject matter and
supersedes any and all previous and contemporaneous understandings or agreements between the parties with respect to the same subject matter.
( 2 ) If any provision contained in this Agreement held by a court to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permissible so as to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions of this Agreement will not be affected thereby.
( 3 ) The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.
If you have any questions or suggestions about Our Website or these Terms of Service, please contact Us by visiting this page on Our Website: Contact Us.