Last Updated on September 19, 2018
1. You now agree that both you and Gematry.com, including its present and future subsidiaries, will be obligated to arbitrate disputes, claims, and controversies that arise out of or relate to your use of the Sites and/or the provision of content and services through the Sites, and that any such proceedings will be conducted only on an individual basis (and not as a class action), and only under London, UK, law.
2. USER CONTENT AND CONDUCT; COMMUNITY GUIDELINES
The following terms apply to content submitted by users, and user conduct, on the Site’s blog, data and video areas:
– you know to be false, misleading or inaccurate;
– contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity of any kind, sneering at others;
– contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd;
– violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them;
– advocates violent behavior, promotes killings, shooting, bloodshed, and international terrorism [ISIS and other global terrorist groups];
– poses a reasonable threat to personal or public safety;
– contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes;
– is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you only. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Gematry.com, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.
– contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail,” “spam,” “chain letters,” “trolling”, “pyramid schemes,” or any other form of solicitation.
If you violate any of the above, you will be subject to banning/censorship to enter the Site and shall be barred from submitting or posting any further material on the Site.
You agree not to engage in activity that would constitute a criminal offense or give rise to civil liability.
You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Site.
You agree not to impersonate any person or entity, including, but not limited to, Gematry.com or any Gematry.com employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You agree not to represent or suggest, directly or indirectly, Gematry.com’s endorsement of User Content.
You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about the Site users or posting private information about a third party.
You agree not to post or otherwise transmit any User Content, software or other materials, which contain a virus or other harmful or disruptive component.
You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use the Site, or access to the Site.
You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
Any conduct that in Gematry.com’s sole discretion restricts or inhibits anyone else from using or enjoying the Site will not be permitted. Gematry.com reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.
Gematry.com does not vouch for the accuracy or credibility of any User Content and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Site. Through your use of the Site, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Site, you assume all associated risks.
3. COPYRIGHT OWNERSHIP
The Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound. The entire contents of the Site are copyrighted as a collective work under international copyright laws. Gematry.com is filing for copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Gematry.com. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
4. THIRD-PARTY CONTENT
Gematry.com is a distributor (and not a publisher or creator) of some content via RSS and other means, supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, are those of the respective author(s) or distributor(s) and not of Gematry.com. Neither Gematry.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through the Site represents the opinions and judgments of the respective user or information provider not under contract with Gematry.com. Gematry.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will Gematry.com be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site. Gematry.com is not responsible for any actions or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
5. ADVERTISEMENTS AND PROMOTIONS
Gematry.com may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Gematry.com, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Gematry.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; NO FULL REFUNDS; PARTIAL REFUNDS APPLY
You agree to defend, indemnify and hold harmless Gematry.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site by you or your Account. Gematry.com reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Gematry.com with such cooperation as is reasonably requested by Gematry.com. Gematry.com disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to Gematry.com’s disclaimer of any such liability. If you do not agree, you should not access or use the Site.
Gematry.com may terminate or suspend these Terms of Service at any time without notice to you. Without limiting the foregoing, Gematry.com shall have the right to immediately terminate Your Account in the event of any conduct by you which Gematry.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service. The provisions of Sections 1-13 shall survive termination of these Terms of Service.
Gematry.com, its subsidiaries, and affiliates, own all rights to their logos used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners.
10. GOVERNING LAW
The content, blog postings, data, video, and all other material and features on the Site are presented for the purpose of providing entertainment, news and/or information.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site shall be governed by and construed exclusively in accordance with the laws and decisions of London, UK applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, BLOG POSTINGS, predictions, services, and/or technology on or through the Site, Gematry.com or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to Gematry.com by email to firstname.lastname@example.org AND by Mail to Gematry.com, 373 S Willow Street, #189, Manchester, NH 03103. To the extent that Gematry.com has your contact information, it will send any such notice to you by Mail, or otherwise to your email address. Gematry.com and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Gematry.com and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, Gematry.com or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Sites. All of your concerns, questions and/or issues MUST be addressed directly to Gematry.com staff by using the Tab ‘Contact Us’ or by sending an email at email@example.com. Once we have been contacted DIRECTLY, we will put our best efforts to resolve your issue within 24 hours! If you decide to seek a 3rd party assistance to resolve any problems with us, like PayPal, for example, without first consulting and contacting Gematry.com, we will view this, as an unfriendly gesture, and therefore, Your Membership will be terminated immediately, and ALL provisions of Sections 1-13 shall survive the termination of these Terms of Service and Your Membership.
Arbitration shall be initiated in London, UK, EU, and Gematry.com and you agree to obey the jurisdiction of any relevant court for such matters in London, UK, to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Gematry.com and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any claims asserted by you against Gematry.com to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
12. CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in a relevant court located in London, UK.
The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of Gematry.com to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
Neither Gematry.com nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
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