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GEMSDB OFFERS YOU ACCESS TO OUR SERVICES UNDER THE FOLLOWING TERMS. By execution and delivery of this Agreement by electronic acceptance, Subscriber (hereinafter "you") agrees to be bound by all terms and conditions of this Agreement. Further, you certify that you are an authorized representative of the company on whose behalf you are applying. Amendment of this Agreement may be at any time by Gemsdb.com, without specific notice. Terms and Conditions: 1. Eligibility for Membership. Our service "seller`s account" is available only to companies who trade in gemstones for resale. Gemsdb.com reserves the right to reject any application that does not have adequate proof of connection to the gem and jewelry industry. If you do not intend to engage in the sale of gemstones, please do not use our Site and its services. 2. Fees and Services. Buyer Account - We do Not charge any fees from buyers. Seller Account - we charge a 5% commission on all sales from the Seller. Seller will have to provide Gemsdb.com with a valid Credit Card for payment. 3. Privacy. Gemsdb.com will not sell or rent your personal information to third parties for their marketing purposes without your explicit written consent and Gemsdb.com will only use the information as described in the Privacy Policy. Gemsdb.com views protection of users' privacy as a very important community principle. Gemsdb.com understands that you and your information is one of our most important assets. Gemsdb.com stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. Gemsdb.com uses third parties to verify and certify our privacy practices. If you object to your information being transferred or used in this way please do not use our services. 4. Seller's responsibilities Packing and shipping orders within 7-14 days of receipt of payment and checking the accuracy of all listed items on your store. is the sole responsibility of the seller. Failure may result in negative feedback and a temporary closing of the store or listings 5. No Warranty. Gemsdb.com, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Gemsdb.com ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 6. Waiver of Liability. Member relieves Gemsdb.com of all liability from Member's use of the network, and acknowledges that Gemsdb.com is not responsible for the credit worthiness of its members, and does not guarantee transactions. Applicant understands that Gemsdb.com does not control the content of the messages sent over the network and is not liable for them. Subscriber agrees to be bound by the Rules of Network. ( see item 10 ) Subscriber agrees to maintain the confidentiality of the Gemsdb.com list of members, and the confidentiality of messages sent over the Network. 7. Indemnity. Subscriber agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. 8. Legal Compliance. Subscriber shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service, listing, purchase, solicitation of offers to purchase, and sale of items. 9. No Agency. Subscriber and gemsdb.com are independent contractors and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 10. Subscriber is solely responsible for the content or information it publishes or displays (hereinafter, "post") on the Service, or transmits to other members. Subscriber will not post on the Service, or transmit to other members or to Gemsdb.com and its employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). ONLINE CONTENT: Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Gemsdb.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Gemsdb.com DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN Gemsdb.com. UNDER NO CIRCUMSTANCES IS Gemsdb.com RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY SUBSCRIBER'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OTHER SUBSCRIBERS. Gemsdb.com RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. Gemsdb.com SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, SUBSCRIBER REMAINS SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL POSTED IN THE PUBLIC AREAS OF THE SERVICE AND IN SUBSCRIBER'S PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN SUBSCRIBER AND OTHER MEMBERS NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY Gemsdb.com AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
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