Terms of Use

1. Acceptance of Terms Your instant website is provided by Skupe Net Limited (referred to hereafter as "Skupe Net") via the domain www.gemsites.com. The website is provided as part of a wider community of business websites created via the service. It is provided subject to the following Terms of Use ("Terms"). By using the Site or the Service in any way, you agree to comply with these Terms. When managing your site you agree to abide by any applicable posted guidelines for this service, which may change from time to time. Please report any violation of these Terms to support@skupenet.com Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Site and the Service. Skupe Net will not be held be liable for any loss or damage for non-compliance. These Terms may be updated by Skupe Net. You understand and agree that you are solely responsible for reviewing these Terms from time to time. You can always review the most current version of these Terms at http://www.gemsites.com. Any continued use of the Software or Service by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms. You understand and agree that unless expressly stated, Skupe Net in no way controls, verifies or endorses any of the information contained on or in the Service including listings, links, messages, advertisements and reviews.

2. Registration
Registration is required in order to create an instant website with the service If you choose to register, you must submit a valid e-mail address and select a password during the registration process and be at least 18 years of age. You are responsible for maintaining the confidentiality of your password, and all users of your account, whether or not you have authorized such use. You agree to notify Skupe Net immediately of any unauthorized use of your account. Skupe Net reserves the right to refuse the Service or access to the Site to any user, or to delete accounts created by users.

3. Content
You understand that all listings, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. You also understand that Skupe Net does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Furthermore, the Site and Content made available through the Service may contain links to other web sites that are completely independent of Skupe Net. Skupe Net makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will Skupe Net be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Site or Service. You understand and agree that any uploading or posting will be at your sole risk and Skupe Net shall not be responsible to you in any way. Further, Skupe Net does not provide any warranty as to your use of third-party content or software that you obtain from the Site. You are also fully responsible for any Content you post on the Site and to the consequences of any such Content. Although Skupe Net does not claim ownership of Content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Skupe Net an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that Skupe Net, in its sole discretion, may delete any Content for any reason.

4. User Conduct
You agree to act responsibly and to treat other users with respect. Users also must not use the Site or the Service to harass or abuse other users. Individuals who have demonstrably harassed other individuals may be removed from the Service or blocked from the Site. You agree not to post, email, otherwise make available Content that:
- Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
- Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
- Is harmful to minors or displays sexually explicit material of any kind
- Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation
- Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc.
- Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
- Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the Skupe Net service
- Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without Skupe Net's prior consent
- Contains personally identifiable information about another member that is published without their express consent
- Contains material originally posted by another member that is reposted without permission or attribution
- Has misleading email addresses or other manipulated identifiers to disguise its origin
- Is purposefully posted in an irrelevant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Skupe Net's infrastructure

Additionally, you agree not to:
- Contact anyone who has asked not to be contacted
- "Stalk" or otherwise harass anyone
- Delete or revise any material posted by any other user
- Impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site
- Attempt to gain unauthorized access to Skupe Net computer systems or networks to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site

5. No Spam Policy
You understand and agree that sending unsolicited email advertisements to Skupe Net email addresses or through Skupe Net computer systems is expressly prohibited by these Terms. Sending unsolicited email advertisements may subject the sender and his or her agents to civil and criminal penalties.

6. Ownership
All right, title and interest in and to the Site and the Service are and will remain the exclusive property of Skupe Net and its licensors. Skupe Net and Gemsite logos, icons and other marks identifying the Service or products are trademarks of Skupe Net and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy reproduce, distribute, or create derivative works of the Service or the Site without Skupe Net's express written authorization. All rights not expressly granted in these Terms are reserved to Skupe Net. Skupe Net respects the intellectual property rights of others and expects users of the Site to do the same. You may not post, distributed, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. If you believe that through the Service your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please immediately notify us at support@skupenet.com.

7. Dealings with organizations or individuals
Skupe Net shall not be liable for your interactions with any organizations and/or individuals found on the Site or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Skupe Net is not responsible for any damage or loss incurred as a result of any such dealings. Skupe Net is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release Skupe Net, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

8. Limitation & Termination of Service
You acknowledge that Skupe Net may establish limits concerning use of the Service. You agree that Skupe Net has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Skupe Net reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Skupe Net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Skupe Net in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if Skupe Net believes that you have acted inconsistently with these Terms. Further, you agree that Skupe Net shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site or the Service after said termination.

9. Privacy & Information Disclosure
In keeping with normal business practice, the Service does create access logs that record the IP address of users accessing the web site. User's individual access IP's are used for internal monitoring purposes and are not released to any third parties unless required to do so in accordance with legal directives. You further acknowledge that Skupe Net may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of Skupe Net, its users or the general public.

10. Refund Policy for Chargeable Classified Listings
From time to time, at your own discretion, you may choose to avail of chargeable services offered to you by Skupe Net through one of it's partner websites. By purchasing such services, you agree to use them and abide by the Terms set forth herein. At the time of purchase of these services you will be informed of any expiration terms or length of availability of these services to you and agree that these items may expire as identified in the offer at the time of purchase. Skupe Net does not issue refunds for any of these expired paid services, nor does it offer refunds with respect to any of the services it supplies in the normal course of business. If you have reason to enquire about any aspect of this you agree to submit such enquiry in writing to Skupe Net. Submission of such enquiry does not imply any direct action be taken by Skupe Net with respect to these enquiries but Skupe Net will endeavour to read and respond to them, and in exceptional circumstances offer full or partial refunds entirely at it's own discretion. If you fail to provide timely payment for any of these paid services offered to you by Skupe Net, Skupe Net reserves the right to terminate such services as it sees fit.

11. Delivery Methods & Timing for Chargeable Classified Listings
Once you purchase an offer for a chargeable service on one of Skupe Net's partner websites (the "Originating Site"), via the Gemsites System, it is submitted to Skupe Net for processing. You understand purchased service may take up a variable amount of time to be delivered and Skupe Net shall utilise their best endeavours in order to deliver the required service but can give no guarantee as to the actual delivery date.

12. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. SKUPE NET, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER SKUPE NET, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SKUPE NET ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitations on Liability
IN NO EVENT SHALL SKUPE NET, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF SKUPE NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, SKUPE NET SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF SKUPE NET TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO SKUPE NET, IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SKUPE NET AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnity
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD SKUPE NET HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST SKUPE NET ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE.

15. General Information
Skupe Net is a privately held Irish Company (registration number IE400722) with offices in Ireland and the United Kingdom, please contact info@skupenet.com with queries related to the operation of this service. These Terms are governed by Irish Law and you consent to the exclusive jurisdiction of such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Skupe Net's failure to act with respect to a breach by you does not waive Skupe Net's right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns. Skupe Net shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Skupe Net's reasonable control. Any notice required or given to you under these Terms shall be delivered by electronic mail at the e-mail address provided by you during registration. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.