Terms of service

The following terms and conditions govern all use of the Gemnasium website and all content, services and products available at or through Gemnasium. Gemnasium is owned and operated by Tech-Angels. Gemnasium is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Gemnasium’s Privacy Policy) and procedures that may be published from time to time on this Site by Tech-Angels. (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using Gemnasium. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access Gemnasium or use any services. If these terms and conditions are considered an offer by Tech-Angels. Gemnasium is available only to individuals who are at least 13 years old.

Your Gemnasium Account and Site

If you create a site on Gemnasium, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must immediately notify Tech-Angels of any unauthorized uses of your account or any other breaches of security. Tech-Angels will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

If you operate a site, post links on Gemnasium, or otherwise make (or allow any third party to make) material available by means of Gemnasium (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

By submitting Content to Gemnasium for inclusion in your account, you grant Tech-Angels a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site.

Without limiting any of those representations or warranties, Tech-Angels has the right (though not the obligation) to, in Tech-Angels' sole discretion (i) refuse or remove any content that, in Tech-Angels' reasonable opinion, violates any Tech-Angels policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Gemnasium to any individual or entity for any reason, in Tech-Angels’ sole discretion. Tech-Angels will have no obligation to provide a refund of any amounts previously paid.

Fees and Payment

Tracking a site on Gemnasium requires a paid subscription. By selecting a paid subscription plan you agree to pay Tech-Angels the monthly or annual subscription fees indicated for that service (the payment terms for service are described below). Payments will be charged on the day you sign up for a subscription and will cover the use of that service for a monthly or annual period as indicated. Subscription fees are not refundable.

Paid Subscriptions

By signing up for a subscription plan you agree to pay Tech-Angels the monthly hosting fees indicated at https://gemnasium.com/ in exchange for the services listed therein. Applicable fees will be invoiced starting from the day your subscription is established and in advance of using such services. Tech-Angels reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Subscriptions can be canceled by you at anytime.

Intellectual Property

This Agreement does not transfer from Tech-Angels to you any Tech-Angels or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tech-Angels. Tech-Angels, Gemnasium, the Gemnasium logo, and all other trademarks, service marks, graphics and logos used in connection with Gemnasium are trademarks or registered trademarks of Tech-Angels or Tech-Angels' licensors. Other trademarks, service marks, graphics and logos used in connection with Gemnasium may be the trademarks of other third parties. Your use of Gemnasium grants you no right or license to reproduce or otherwise use any Tech-Angels or third-party trademarks.

Changes

Tech-Angels reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to Gemnasium following the posting of any changes to this Agreement constitutes acceptance of those changes. Tech-Angels may also, in the future, offer new services and/or features through Gemnasium (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Tech-Angels may terminate your access to all or any part of Gemnasium at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Gemnasium account (if you have one), you may simply discontinue using Gemnasium. Notwithstanding the foregoing, if you have a paid subscription account, such account can only be terminated by Tech-Angels if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Tech-Angels' notice to you thereof; provided that, Tech-Angels can terminate Gemnasium immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Gemnasium is provided “as is”. Tech-Angels and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tech-Angels nor its suppliers and licensors, makes any warranty that Gemnasium will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, Gemnasium at your own discretion and risk.

General Representation and Warranty

You represent and warrant that (i) your use of Gemnasium will be in strict accordance with the Gemnasium Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of Gemnasium will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

In no event will Tech-Angels, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tech-Angels under this agreement during the twelve (12) month period prior to the cause of action. Tech-Angels shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Miscellaneous

This Agreement constitutes the entire agreement between Tech-Angels and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tech-Angels, or by the posting by Tech-Angels of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of Gemnasium will be governed by the laws of the state of Michigan, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Lansing, Michigan. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in South Bend, Indiana, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tech-Angels may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Credits

Gemnasium and Tech-Angels are not affiliated with the npm project.
"npm" is Copyright Isaac Z. Schlueter (https://raw.github.com/isaacs/npm/master/LICENSE)

Last update: 2016-08-16