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                              Terms of Use

 

Last Updated: 07/21/2019

The present Terms and Conditions applies to the use ONLYGEMS.CH. These Terms and Conditions govern your access to and use of the Website and Services. By using the Website or the Services you affirm that you are at least 18 years of age and of legal age in your residing country and that you consent to the present Terms and Conditions and to our Privacy Policy. If you violate or do not agree to these Terms and Conditions or to our Privacy Policy, your use of the Website may be deemed to be unauthorized and may be suspended or terminated at any time at the sole discretion of ONLYGEMS.CH. Additional terms and conditions may apply to some services offered on the Website. The terms and conditions for such services will be listed on the Website from time to time and are incorporated into these Terms and Conditions by reference.

 

  1. About the Service

 

ONLYGEMS.CH is an adult content based website. Website Users can view advertisements, communicate with advertisers, and post their own advertisements. To the extent permitted by applicable law, ONLYGEMS.CH reserves the right to deny or terminate service to any Website user at our discretion.

 

  1. Customer Access

 

Any User may view posted advertisements and contact information through the Website. Before a User may post an advertisement on ONLYGEMS.CH, the User must create a personal account (an “Account”) on the Website by providing their email and choosing a unique username and password (the “Credentials”). By creating an Account, you acknowledge and agree that you will (1) provide true, accurate, current and complete information about yourself as prompted by the Website; (2) maintain and promptly update your Credentials to keep them true, accurate, current and complete. Within an Account, users can create advertisements and post those advertisements for public viewing, as further described herein below. Users may only create one Account per individual or corporation. Multiple accounts created by one individual or corporation will be removed without warning at the sole discretion of ONLYGEMS.CH. You must at all times provide accurate and truthful information regarding your identity when creating an account and may not create an account for another individual without their explicit written permission.

 

 

  1. Use of ONLYGEMS.CH Website

 

When accessing or using the ONLYGEMS.CH Website, you agree that you will not violate any law, contract, or intellectual property or act in any way which may cause harm to another User. Users of the website must adhere to ONLYGEMS.CH’s safe use standards, including but not limited to:

 

  • No unauthorized use of the ONLYGEMS.CH website (including, without limitation, for political campaigning, harassing or targeting an individual, business, or institution, and posting fake or falsified advertisements);

 

  • No posting advertisements for any services for which you are not the owner or for which you do not have adequate permission to post;

 

  • No posting advertisements which are in any way harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, unlawful, untrue, or otherwise objectionable;

 

  • No using the Website to transmit unsolicited commercial emails or other messages through the ONLYGEMS.CH Website;

 

  • Do not copy the content of the ONLYGEMS.CH Website or any of its underlying source code;

 

  • No removing, altering, or obscuring any copyright or other proprietary notices of ONLYGEMS.CH or its affiliates or licensors in any portion of the ONLYGEMS.CH Website;

 

  • Do not upload to the Website any content or material which may harm, injure, damage, or otherwise risk the safety, wellbeing, or commercial operations of a User or of ONLYGEMS.CH, or that contains any virus, malware, or other malicious coding;

 

  • No obscuring or disabling any advertisements that appear on or through the ONLYGEMS.CH Website;

 

  • No copying or collecting data from the ONLYGEMS.CH Website or using the Website to in any way attempt to collect data or breach the security of Website users; and

 

  • Do not violate any requirements, policies, procedures or regulations of a third party service which is connected to the ONLYGEMS.CH Website;

 

  • Do not advertise any offers of services that constitute as paid sexual services including but not limited to the use of acronyms or abbreviations that would imply such services are offered;

 

  • Do not upload photos or images that reveal genitalia, depict sexual acts, or exploit minors in any form;

 

  • ONLYGEMS.CH has ZERO TOLERANCE for the use of the Website for illicit or illegal activity including but not limited to human trafficking, exploiting minors, selling illegal drugs or weapons, and uttering threats or harming other Users.

 

If you violate any of the foregoing, ONLYGEMS.CH reserves the right to suspend or terminate your access to and use of the ONLYGEMS.CH Website immediately without notice. ONLYGEMS.CH also reserves the right to pursue any remedy including contacting the appropriate authorities if it deems appropriate and necessary under the circumstances you are found to be in violation of this Section 9.

 

  1. User Content

 

In using the ONLYGEMS.CH Website and posting advertisements, you may be required to upload certain content, images, videos, text, identification information, and other content (“User Content”) to the Website. User Content may be publicly viewable and may be stored in our online server or deleted at the discretion of ONLYGEMS.CH or by the user who created the content.

 

ONLYGEMS.CH is not responsible for any errors or omissions that you make when uploading User Content or posting advertisements. Further, ONLYGEMS.CH is not responsible for the accurate representation, functionality, or performance of any service listed on the Website by a User. The use of your or any other User’s name, likeness, or identity in connection with ONLYGEMS.CH does not create or imply any endorsement, contract, or relationship between you and ONLYGEMS.CH other than as described in these Terms and Conditions.

 

  1. Intellectual Property Rights

 

Unless otherwise indicated, the ONLYGEMS.CH Website and all content, materials, information, functionality and other materials displayed, performed, contained or available on or through the ONLYGEMS.CH Website, including, without limitation, the ONLYGEMS.CH logo, and all designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of ONLYGEMS.CH or its affiliates or licensors, and are protected by Canadian and international copyright laws and other intellectual property rights laws.

 

  1. Limited License

 

Except as otherwise provided, subject to your compliance with these Terms and Conditions, and in consideration of your adherence to these terms, ONLYGEMS.CH grants to you a revocable, personal, non-exclusive, non-assignable and non- transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the ONLYGEMS.CH Website, (ii) cause the Materials to be displayed from a computer and/or mobile device and (iii) use the Materials, solely as permitted under these Terms (the “License”). ONLYGEMS.CH and its affiliates and licensors reserve all rights not expressly granted to you in these Terms and Conditions. Your rights herein are only as described above for this limited License. The License granted under this Section shall terminate upon suspension or deletion of your Account.

 

  1. Trademarks

 

ONLYGEMS.CH graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks of ONLYGEMS.CH, and may not be copied, imitated, or used, in whole or in part, without ONLYGEMS’s prior written consent. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by ONLYGEMS.CH.

 

  1. Communications

 

ONLYGEMS.CH reserves the right to contact you from time to time for feedback regarding the Services. ONLYGEMS.CH will also contact any User who files a complaint with ONLYGEMS.CH regarding a representative of PINKGEMS.CH or the Services overall. Notices to Users will be deemed effective at the time they are sent by ONLYGEMS.CH or as of the date they are posted on the Website.

 

  1. Limitation of Liability

 

A) TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EXCEPT FOR A BREACH OF CONFIDENTIALITY, IN NO EVENT WILL ONLYGEMS.CH BE LIABLE TO THE CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR LIKE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DAMAGE TO PERSONAL PROPERTY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE ONLYGEMS.CH PROPERTIES, COMPANY SERVICES, WEBSITE, OR ANY ONLYGEMS.CH CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH ONLYGEMS.CH OR ITS REPRESENTATIVES, OR ANY OTHER WEBSITE USER HOWEVER CAUSED. 

 

  1. Waiver and Assumption of Risk

 

A) YOU UNDERSTAND THAT THE USE OF THE WEBSITE IS VOLUNTARY AND HOLDS CERTAIN RISKS. YOU AGREE TO ASSUME ANY AND ALL RISKS AND TO RELEASE AND HOLD HARMLESS ONLYGEMS.CH, ITS OFFICERS, DIRECTORS, MEMBERS AND MANAGERS, AND ALL OTHER MEMBERS OF THE STAFF WHETHER CONTRACTED OR EMPLOYED FROM ANY RISKS INCURRED AS A RESULT OF YOUR USE OF THE WEBSITE. YOU UNDERSTAND AND AGREE THAT THIS WAIVER, RELEASE AND DISCHARGE OF RISKS IS TO BE BINDING ON YOU, YOUR HEIRS AND ASSIGNS.

 

b)  WITHOUT LIMITING AND IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT THERE ARE CERTAIN SPECIFIC RISKS INHERENT TO THE USE OF AN INTERNET-BASED CLASSIFIEDS STYLE WEBSITE. BY USING ONLYGEMS.CH’S WEBSITE TO PURCHASE OR SELL SERVICES YOU ACKNOWLEDGE AND AGREE TO ASSUME ALL RISKS ASSOCIATED WITH ANY SUBSEQUENT PURCHASE OR SALE AND UNDERSTAND THAT PINKGEMS.CH IS NOT RESPONSIBLE FOR OR LIABLE FOR THE CONTENT POSTED ON ITS WEBSITE OR THE CHARACTER OR ACTIONS OF ITS USERS. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU DEEM NECESSARY WHEN INTERACTING WITH OTHER USERS, PARTICULARLY IF YOU ARE MEETING ANOTHER USER IN PERSON.

 

 

  1. Indemnification

 

A) YOU AGREE TO INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS ONLYGEMS.CH, ITS PARTNERS, LICENSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “ONLYGEMS.CH PARTIES”) FROM ALL DAMAGES, LOSSES AND EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM (A) ANY NEGLIGENT ACTS, OMISSIONS OR WILLFUL MISCONDUCT BY YOU, (B) YOUR USE OF ONLYGEMS.CH PROPERTIES, (C) ANY BREACH OF THESE TERMS AND CONDITIONS BY YOU, AND/OR (D) YOUR VIOLATION OF ANY LAW OR OF ANY RIGHTS OF ANY THIRD PARTY.

 

B) ONLYGEMS.CH RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH ONLYGEMS.CH IN ASSERTING ANY AVAILABLE DEFENSES. YOU AGREE THAT THE PROVISIONS IN THIS SECTION WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT, THE TERMS AND CONDITIONS, OR YOUR ACCESS TO THE ONLYGEMS.CH WEBSITE.

 

  1. Maintenance and Support

 

ONLYGEMS.CH is solely responsible for providing any maintenance and support services with respect to the Website when required from time to time or as required under applicable law. If you notice a problem or error on the Website you can report it to [email protected]

 

  1. Third Party Terms of Agreement

 

You must comply with applicable third party terms of agreement when using the services of a third party contracted by ONLYGEMS.CH.

 

  1. ONLYGEMS.CH Name and Address

 

ONLYGEMS.CH’s contact information for any end-user questions, complaints or claims with respect to ONLYGEMS.CH’s Website is [email protected]

 

  1. Availability

 

A) Unless otherwise stated, this website is only available within Canada, or in relation to postings from Canada. All advertising is intended solely for Canadian residents. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of ONLYGEMS.CH does not warrant that your access to the Website will be uninterrupted, timely or error free, although it is provided to the best ability.

 

B) ONLYGEMS.CH attempts to make every effort to ensure that the content on the Website (the “Content”) is complete and current. However, ONLYGEMS.CH does not warrant the quality, accuracy or completeness of Content on our Website. Such information is provided “as is” without warranty or condition of any kind. This Website may include inaccuracies, typographical errors, errors or omissions. Such errors, inaccuracies, typographical errors or omissions may relate to product description or availability. In no event shall ONLYGEMS.CH be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of Content available on the Website.

 

  1. General

 

A) The laws of Ontario and Canada govern these Terms and Conditions. By accessing the Website, creating an Account, or using any ONLYGEMS.CH Services you consent to these Terms and Conditions and to the exclusive jurisdiction of the courts of Ontario for all disputes arising out of such access or use.

 

B) If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

 

C) Failure of ONLYGEMS.CH to enforce any of the provisions set out in these Terms and Conditions or failure to exercise any option to terminate shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any part thereof, or the right thereafter to enforce each and every provision.

 

D) This Terms and Conditions is not to be assignable except as may be contemplated hereunder but will endure to the benefit of and be binding upon each of the parties and their respective successors and permitted assigns.

 

E) Notwithstanding any other provisions of this Terms and Conditions, you acknowledge and agree that ONLYGEMS.CH may obtain an injunction or other appropriate relief against you if you contravene or fail to comply with any provision of this Terms and Conditions in any way and you further agree that the provisions of this paragraph may be pleaded against you by way of estoppel or defence to a claim by you that an injunction or other appropriate relief should not be granted.

 

F) These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of ONLYGEMS.CH.

 

 

  1. Notification of Changes

 

ONLYGEMS.CH reserves the right to change these Terms and Conditions from time to time as it sees fit and the continued use of the Website will signify the User’s acceptance of any adjustment to these Terms and Conditions. If there are any changes to the privacy policy, ONLYGEMS.CH will announce that these changes have been made on the homepage and on other key pages on the Website. If there are any changes in how ONLYGEMS.CH uses the User’s information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to the privacy policy will be posted on the Website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.