Terms and Conditions

 

This statement was last updated June 26, 2011.

The term 'firmware.gem-flash.com' refers to the owner of the website 'gem-flash.com' whose registered office GEM-FLASH, 51 Ahmed Esmat Street, Egypt. The term 'you' refers to the user or viewer of our website. The term 'Content' refers to the website you are using in conjunction with the Service.

 

General


1. Acceptance of Terms
Each time you use or cause access to this web site, you agree to be bound by these Terms & Conditions, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Service.

2. Service Description
firmware.gem-flash.com currently provides users with access to a rich collection of resources, including, various communications tools, forums, shopping services, and personalized content its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for firmware.gem-flash.com to provide the Service. You also understand and agree that the service may include certain communications from firmware.gem-flash.com, such as service announcements, administrative messages and the firmware.gem-flash.com Newsletter, and that these communications are considered part of firmware.gem-flash.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new firmware.gem-flash.com properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that firmware.gem-flash.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

3. Registration
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract (are at least 18 years old) and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"), (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete and (c) agree to create only one account per person. If you provide any information that is untrue, inaccurate, not current or incomplete, or firmware.gem-flash.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, firmware.gem-flash.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. Account Security
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify firmware.gem-flash.com of any unauthorized use of your password or account or any other breach of security. firmware.gem-flash.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

5. User Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not firmware.gem-flash.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. firmware.gem-flash.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will firmware.gem-flash.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

You acknowledge that firmware.gem-flash.com may OR MAY NOT pre-screen Content, but that firmware.gem-flash.com and its designees shall have the right (but not the obligation) in their sole discretion to PRE-SCREEN, refuse, or move any Content (or Account) that is available via the Service. Without limiting the foregoing, firmware.gem-flash.com and its designees shall have the right to remove any Content or Accounts that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content or Accounts, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content or Accounts created by firmware.gem-flash.com or submitted to firmware.gem-flash.com, including without limitation information in firmware.gem-flash.com message boards, and in all other parts of the Service.

You acknowledge, consent and agree that firmware.gem-flash.com may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of firmware.gem-flash.com, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by firmware.gem-flash.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

6. Submitted Content
firmware.gem-flash.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant firmware.gem-flash.com the following world-wide, royalty free and non-exclusive license(s), as applicable:

- With respect to Content you submit or make available for inclusion on publicly accessible areas of firmware.gem-flash.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Service which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or firmware.gem-flash.com removes such Content from the Service.

- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or firmware.gem-flash.com removes such Content from the Service.

- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of firmware.gem-flash.com that are intended by firmware.gem-flash.com to be available to the general public. By way of example, publicly accessible areas of the Service would include firmware.gem-flash.com news and resources that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of firmware.gem-flash.com that are limited to members, firmware.gem-flash.com services intended for private communication such as private messages, or areas off of firmware.gem-flash.com such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by firmware.gem-flash.com.

7. Payment
Payments from firmware.gem-flash.com are made through PayPal ('http://www.paypal.com') or Payoneer ('http://www.payoneer.com') or Payza ('https://www.payza.eu/') on choosing your package. The minimum amount is USD$2.99 for PayPal and Payza

8. Earnings
firmware.gem-flash.com you will get, 5% of the revenue generated through our Referral system.

9. Indemnity
You agree to indemnify and hold firmware.gem-flash.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

10. No resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your firmware.gem-flash.com I.D.), use of the Service, or access to the Service.

11. Modification of Service
firmware.gem-flash.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that firmware.gem-flash.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. Termination
You agree that firmware.gem-flash.com may, under certain circumstances and without prior notice, immediately terminate your firmware.gem-flash.com account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your firmware.gem-flash.com account includes (a) removal of access to all offerings within the Service, including but not limited to firmware.gem-flash.com message boards, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in firmware.gem-flash.com' sole discretion and that firmware.gem-flash.com shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

13. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. firmware.gem-flash.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. firmware.gem-flash.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND 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 ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM URL.GEM-FLSAH.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

14. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT firmware.gem-flash.com SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF firmware.gem-flash.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

15. All countries are currently accepted for an account on firmware.gem-flash.com with the exception of Iran, due to regulations by our bank.

16. Violations
Please report any violations of these Terms & Conditions to the contact form.

17. GEM-FLASH Corporate Logo Guidelines
The GEM-FLASH corporate logo is the most visible and recognizable expression of the GEM-FLASH brand. We understand and appreciate that outside parties may want to show affiliation with GEM-FLASH. However, use of the corporate logo to imply affiliation with or endorsement by GEM-FLASH without express written permission from GEM-FLASH is strictly prohibited.

On this page are the limited circumstances under which third parties may use the GEM-FLASH logo. The logo must always be used pursuant to the specifications on this page to identify GEM-FLASH, or GEM-FLASH products or services. Any use that falls outside of these specifications is strictly prohibited.

Third parties may only use the logo without a license only in advertising, marketing collateral, or a website that references your connection with GEM-FLASH.

Do not use the GEM-FLASH corporate logo in products or other business services for which a formal license is required.

Do not modify or alter the logo or use it in a confusing way, including suggesting sponsorship or endorsement by GEM-FLASH, or in a way that confuses GEM-FLASH with another brand. Use our official and unmodified GEM-FLASH bee to represent GEM-FLASH.

GEM-FLASH reserves the right in its sole discretion to terminate or modify permission to display the logo, and may request that third parties modify or delete any use of the logo that, in GEM-FLASH sole judgment, does not comply with these guidelines or might otherwise impair GEM-FLASH rights in the logo. GEM-FLASH further reserves the right to object to unfair uses or misuses of its trademarks or other violations of applicable law.

To request our official GEM-FLASH logo please send an email to [email protected]

18. Refund Policy
All unused  credit can be refunded to the original source of the funds, automatically via our website. Certain platforms have different rules regarding on the time limit allowed for a refund though, please check with the platform. E.g. PayPal allow up to 180 days and Payza allow up to 90 days.

 

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