Acceptance
By using any GemOro (“GemOro”) related software, or by using or visiting the GemOro website, you agree to this Terms, Conditions and Privacy Policy (the “Terms of Use”). If you do not agree to any of these terms, please do not use the GemOro website or related software. These Terms of Use apply to all users, including users who are contributors of video content, information, and other materials or services on the website.
All use of this website is subject to the Terms of Use.
Rolex Section
While navigating on the Rolex section of our website, you may interact with an embedded website from www.rolex.com. In such case Terms of Use, Privacy Notice, and Cookies Policy of www.rolex.com are solely applicable.
Access
GemOro hereby grants you permission to use the GemOro website in accordance with these Terms of Use, provided that:
(i) your use of the website is solely for your personal use;
(ii) you will not copy or distribute any part of the website in any medium or manner inconsistent with these Terms of Use without GemOro’s prior written consent, which may be withheld for any reason;
(iii) you will not alter or modify any part of the website other than as may be reasonably necessary to use the website for its intended purpose; and
(iv) you will otherwise comply with these Terms of Use.
In order to access some features of the website, you will have to create an account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GemOro immediately of any breach of security or unauthorized use of your account. Although GemOro will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GemOro or others due to such unauthorized use.
GemOro reserves the right to establish data transfer restrictions, limit the total amount of data transfer associated with your account, or both. Your account may be closed by GemOro should the total amount of data transfer exceed an amount deemed excessive in GemOro's sole discretion.
You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", or similar systems, that accesses the website in a manner that sends more request messages to the GemOro servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, GemOro grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. GemOro reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website.
In order to post or publish User Submissions, defined below, on the website, you will be required to encode your media data by downloading and installing the GemOro software. For these limited purposes only, you are hereby granted a revocable non-exclusive licence to use the GemOro software for the sole purpose of encoding digital audiovisual material in order to create User Submissions for the website. GemOro makes no warranty concerning the functionality of the GemOro software on any individual computer and expressly disclaims any and all liability for any problem which may be caused to your computer or damage of any kind incurred by you resulting from your use of the GemOro software. You hereby waive any legal or equitable rights or remedies you may have against GemOro with respect to your use thereof.
User Submissions
The website may permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and publishing of such User Submissions. GemOro may also establish categories for User Submissions based on intended use, such as “Private” where User Submissions are not shared, “Invited” where there is an invitation to view, share, or both, and “Public”. You understand that whether or not such User Submissions are published and regardless of category, GemOro does not guarantee any confidentiality with respect to any such submissions. You also understand and agree that GemOro may place advertising on the website in conjunction with User Submissions.
You are solely responsible for your own User Submissions and the consequences of posting, sharing, or publishing them. For all User Submissions you submit which are intended for public use, you represent and warrant that:
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize GemOro to use all copyright, trademark, trade name, service mark, logos and intellectual property and other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the website and these Terms of Use; and
(ii) you have the written consent, release or permission of each and every identifiable individual person in the User Submission to use their name or likeness to enable inclusion and use of the User Submissions in the manner contemplated by the website and these Terms of Use. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to GemOro for public use, you hereby grant GemOro a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the GemOro website and GemOro's business, including without limitation for promotion and redistribution of part or all of the GemOro website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the GemOro website a non-exclusive license to access your User Submissions, if submitted for public use, through the website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the website and under these Terms of Use.
For User Submissions you submit, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade mark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GemOro all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage GemOro or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business; or
(v) impersonate another person.
GemOro does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and GemOro expressly disclaims any and all liability in connection with User Submissions. GemOro will remove all content and User Submissions if properly notified that such content or User Submission infringes another's intellectual property rights. GemOro also has sole discretion to decide whether content or a User Submission is appropriate and complies with these Terms of Use. GemOro reserves the right to remove content and User Submissions without prior notice and to terminate your access to the website, if you are in violation of these Terms of Use.
GemOro reserves the right to discontinue any aspect of the GemOro website at any time.
You understand that when using the GemOro website, you will be exposed to User Submissions from a variety of sources, and that GemOro is not responsible for and makes no warranties concerning the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against GemOro with respect to such User Submissions.
Limitations and Disclaimer
GemOro is not responsible for and will not be liable to you or anyone else for any damages however caused (including direct, indirect, incidental, special, consequential, exemplary and punitive damages) arising out of or in connection with your use of this website, directly or indirectly, through a hyperlinked site; the use of any other website linked to the GemOro website by hyperlink or otherwise any action or decision made by you or anyone else in reliance on this website; or any errors in or omissions from the information provided on this website; or resulting from any harmful programming code that could install itself on the website or be transmitted via the website, even if GemOro, its directors, officers, employees or agents were aware or should have been aware that such loss or damage could occur.
GemOro takes reasonable care to ensure that the information provided on this website is reliable but cannot guarantee or warrant that it is accurate, complete or current at all times.
This website does not purport to provide anything more than information about the existence and general purpose of GemOro. No activity of GemOro or of the availability of any particular activity of GemOro at any place or time can be implied from the content of this website. GemOro may change any content at any time in its sole discretion without notice.
GemOro provides the information on this Website on an "as is" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
GemOro does not endorse, warranty or encourage the downloading or any content, files, graphics or other data in digital or other format from this website. Any and all downloading is at your own risk and you assume the risk of computer viruses or other malicious programs encountered or downloaded onto your systems without limitation of any kind.
Links
Any links to or from this website to other websites are for convenience only. GemOro does not review or control, and is not responsible for, any websites linked to or from this website, the content of those websites, the privacy practices of those websites, the third parties named therein or their products and services. Linking to any other website is at your sole risk and GemOro will not be responsible or liable for any damages in connection with such linking. No endorsement is to be implied from a link on this website to any other website. The GemOro website may contain links to third party websites that are not owned or controlled by GemOro and GemOro assumes no responsibility for these third party websites. By using the website, you expressly discharge GemOro from any and all liability arising from your use of any third-party website.
Copyright
Materials on this website were produced, compiled, or both, by GemOro and are covered by the provisions of the Copyright Act and by Canadian laws, policies, regulations and international agreements.
Information, documents and images on this website were produced, compiled, or both, by GemOro for the sole purpose of providing the public with direct access to information for personal and non-commercial use about the programs and services of GemOro. For permission to reproduce content, you must contact GemOro and specify the pages you wish to reproduce and for what purpose. Unless otherwise specified in writing by GemOro or the applicable third party copyright owner, you may not copy, redistribute, reproduce, republish, store in any medium, re-transmit, modify, exploit or make public or commercial use of, in any form, the GemOro website or any part thereof.
GemOro reserves all rights not expressly granted in these Terms of Use. You agree not to engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the website. You agree not to circumvent, disable or otherwise interfere with security related features of the GemOro website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the GemOro website or the Content therein.
Rolex Section
While navigating on the Rolex section of our website, you may interact with an embedded website from www.rolex.com. In such case Terms of Use, Privacy Notice, and Cookies Policy of www.rolex.com are solely applicable.
GemOro makes every reasonable effort to protect the security of your personal information and honour your choices for its intended use. We use our best efforts to protect your information from misuse, unauthorized access and disclosure.
We do not provide personal information to unrelated third parties for any reason except as required by law. Any personal information collected is used and shared only for the purpose for which it was collected or for a consistent purpose. Further, information is kept only for the length of time necessary to fulfill the purpose for which it was collected or as required by applicable legislation.
|
Personal information disclosed through your use of the website will be collected, used and disclosed by GemOro in accordance with the following privacy principles: Consent (i) You consent to use your personal information disclosed through your use of the website, including any interactive e-commerce functions of the website, for the purposes of undertaking the purchase of services or products from GemOro, and other reasonably expected business-related purposes. (ii) GemOro may use and disclose personal information provided by you through the website, including any interactive e-commerce functions of the website, without your further consent, for compliance with any applicable law, regulation, or the order of any court or other lawfully constituted authority. Limiting Collection The collection of personal information from you through website, including any interactive e-commerce function of the website, will be restricted to that required by GemOro to undertake the business-related purposes for which the information was provided and for GemOro to meet its legal obligations. Limiting the use, disclosure, and retention of personal information Personal information collected from you through the website, including any interactive e-commerce function of the website, will be used, disclosed and retained only for undertaking the purchase of services or products from GemOro and other reasonably expected business-related purposes, or for compliance with any applicable law, regulation, or order of any court or other lawfully constituted authority. Security of personal information GemOro will take commercially reasonable steps to protect your personal information from unauthorized access, use or disclosure. Reasonable steps include physical, electronic and procedural measures appropriate to the level of sensitivity of the personal information. Access to personal information (i) You may access your personal information provided through the website, including any interactive e-commerce function of the website, to confirm its accuracy or completeness or to update your personal information, by contacting the Privacy Officer, defined below. (ii) GemOro will correct or update any personal information upon request. (iii) GemOro reserves the right to charge a person requesting access to their personal information a reasonable fee for doing so where the costs of providing access are significant. Response to Inquiries and Complaints GemOro has established the position of privacy officer (“Privacy Officer”), responsible for the development and implementation of all necessary rules and procedures for the collection, use, disclosure and retention of personal information. The Privacy Officer shall ensure compliance with this privacy policy and all applicable privacy legislation. Questions concerning this policy should be brought to the attention of the Privacy Officer. The Privacy Officer will investigate and respond to all customer complaints in regard to the treatment of their personal information at the earliest opportunity. If the complaint is found to be justified, the Privacy Officer will so inform the customer and ensure that appropriate corrective measures are taken. Please be aware there is some risk involved in transmitting information over the Internet regardless of GemOro efforts. Due to the inherent nature of the Internet, data cannot be warranted as secure. GemOro disclaims any and all implied warranties of data security and does not represent that personal information will not be intercepted, collected and misused by others without consent. If you have a GemOro website account, your account information will be used to manage website user accounts and for website communications. Website administrators at GemOro will have access to the list of user accounts on the GemOro website (names and e-mail addresses).
COOKIES POLICY
Rolex Section While navigating on the Rolex section of our website, you may interact with an embedded website from www.rolex.com. In such case Terms of Use, Privacy Notice, and Cookies Policy of www.rolex.com are solely applicable.
GemOro uses "cookies" (small text files) for the security functionality on this website. Your browser settings must be configured to allow cookies if you wish to access certain pages of the GemOro website. When you log in to access GemOro-protected web pages, the web server creates a new cookie in your local temporary internet files on your hard drive. This cookie contains your login information to allow access to your personal profile. It also allows you appropriate access to the GemOro website and components thereof. The GemOro website uses both session ID cookies and persistent ID cookies. Website users may refuse the use of cookies and cookies stored on a website user’s computer can be manually deleted using the tools provided by an Internet browser. If a website user refuses to allow cookies, a website user may experience reduced website functionality. By not refusing the use of cookies through an Internet browser and by using this website, a website user consents to the use of cookies and the processing of aggregated data from those cookies as set out in this policy. The cookie cannot be executed as code nor deliver viruses, and is valid for a limited period of time. The cookie will expire within 30 minutes if you do not access any additional web pages or if you use the logout feature. GemOro collects information about and tracks website use, which may include sharing, in an anonymous form, the information generated by the cookie about your use of the website (including IP address). This information is then used to evaluate visitors' use of the website and to compile statistical reports on website activity, which gives GemOro the opportunity to identify problems and improve service. GemOro will not use the statistical analytics tool to track or to collect any personally identifiable information of visitors to our site. GemOro will not link, or seek to link, an IP address with the identity of a computer user. We will not associate any data gathered from this site with any personally identifiable information from any source, unless you explicitly submit that information using a form on our website. This privacy policy applies only to GemOro and to components of its website. GemOro is not responsible for the privacy practices of other sites linked to from our website. You are encouraged to read the privacy policies on those sites. |
Warranty and Indemnity
You agree that your use of the website is at your sole risk. GemOro makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the website by any third party, or concerning damage of any kind incurred resulting from use of the website. GemOro does not endorse and is not responsible for any product or service advertised or offered by a third party through the website or any hyper-linked website. In no event shall GemOro, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any claim, injury or damage incurred by you from your use of the website, its content, or GemOro software.
You agree to defend, indemnify and hold harmless GemOro, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:
(i) your use of and access to the website;
(ii) your violation of any aspect of these Terms of Use;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that one of your user submissions, if applicable, caused damage to a third party.
This defence and indemnification obligation will survive these Terms of Use and your use of the website.
Applicable Law and general provisions
The GemOro website (excluding linked sites) is controlled by GemOro from within Alberta. By accessing the GemOro website, you agree that the statutes and laws of Alberta shall apply to all matters relating to, arising from or incurred by use of this website, and that Alberta courts shall have exclusive jurisdiction. You agree that any cause of action in relation to the website must be commenced within one (1) year after the cause of action arises, or such cause of action is permanently barred.
You confirm that you are either at least 18 years of age, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, representations, and warranties described in these Terms of Use, and to abide by and comply with them.
