Terms of Service
THESE TERMS OF USE & SERVICE, together with the our Privacy Notice, form a legal agreement (the “Agreement”) between Gemstone Publishing or its applicable subsidiaries or affiliates (“Gemstone”, “Overstreet Access”, “Gemstone Affiliates”, “Gemstone Publishing” , “we” or “us”) for the Services defined below between the user or organization (“You” or “Subscriber”) entering into this Agreement and identified where applicable. This Agreement also governs your use of our websites, services and related products. (as defined below).
These Terms of Service apply after clicking “I accept” in any available checkbox, by applying for access to the site, placing an order and/or by requesting products or fulfillment by Gemstone Publishing or Gemstone Affiliates. By accepting these Terms of Service, You affirm that You are at least 18 years of age, that You agree to these Terms of Service, the Terms of Use, and Privacy Notice and You will comply with such terms in connection with Your use of this site, related sites and our services.
These terms and conditions (the “Terms of Use & Service”) apply to all web sites and applications (collectively, the “Sites”) owned and operated by Gemstone Publishing or one of our Gemstone Affiliates (“us” or “we”). By registering for or otherwise using any of our Sites or Services (as defined below), or accessing any content or material we make available through the Services or Sites, you agree to these Terms of Use. You may also agree to these Terms of Use by signing or entering into an ordering agreement with Gemstone Publishing or a Gemstone Affiliate. These Terms of Use & Service, and our Privacy Notice, which is hereby incorporated by reference, and any ordering document, form a legally binding agreement between you and Gemstone Publishing or the relevant Gemstone Affiliate (collectively, this “Agreement”). We reserve the right, at our discretion, to change these Terms of Use & Service in accordance with applicable law.
If you do not agree to this Agreement, you may not access or otherwise use the Sites or the Services.
You may use the Services only if you have reached the age of majority or legal age in your jurisdiction (generally 18 or older) and can form legally binding contracts under applicable law.
- SERVICES FOR USERS
Gemstone Publishing and Gemstone Affiliates operate electronic platforms/systems including web sites to access, order, use, organize and analyze online products and services offered by Gemstone Publishing and Gemstone Affiliates (collectively and including any subsequent versions of such platforms/systems and applications, the “Services”) through our Sites. The material on our Sites include general but proprietary information available to all users of our Sites, but in order to access and use the Services you will be required to register. If you register to use the Services on behalf of your company, you will be required to agree to additional terms and conditions in connection with the registration process (the “Terms of Service”).
- USER INFORMATION & COPPA
During the course of using the Services, we may ask you to share certain personal information in order for us to provide you with the Services. Our Privacy Policy describes our policies around collecting, using, and maintaining the privacy of your personal information. You acknowledge and agree that between you and Gemstone Publishing and the relevant Gemstone Affiliates, only you are responsible for the accuracy and content of your personal information, and you agree to keep it up to date.
In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under thirteen (13) years of age.
- INTELLECTUAL PROPERTY
During the applicable term, subject to the payment of any fees in any applicable agreement and subject to compliance with these Terms of Use and any other agreement governing your use of the Services, Gemstone Publishing or the relevant Gemstone Affiliate grants you a limited, non-exclusive and non-transferable license to access and use the Services over the Internet via the Site provided the Services are for your own internal use for business purposes only.
Gemstone Publishing is the owner and/or authorized user of all trademarks, logos, service marks and trade names (collectively the “Trademarks”) on our Sites and is the owner or licensee of the content and/or information on our Sites. Your use of our Sites does not grant to you a license to any content or materials you may access on our Sites, unless otherwise expressly provided in these Terms of Use or the Terms of Service. You may not use any Trademark displayed on our Sites without our prior written consent or prior written consent of the third-party that owns any other trademarks.
- ACCESS TO GEMSTONE PUBLISHING CONTENT
We may provide you with access to content and information related to the Services (the “Gemstone Publishing Content”). Your use of Gemstone Publishing Content is subject to these Terms of Use as well as any additional terms you agree to in connection with such Gemstone Publishing Content and/or posted on the Site for Gemstone Publishing.
- RESTRICTIONS ON USE
Only you are to access the Services and/or the Gemstone Publishing content using your username or password. If we have reason to believe you have shared your password information or access to your account or have used the Services in violation of the provisions herein, we may suspend or terminate your account and refuse any and all current or future use of the Services. You agree that you will not otherwise copy, transmit, rent, forward, lend, sell, or modify any materials from the Services and/or the Gemstone Publishing Content or modify or remove any proprietary notices contained therein, or create or enable the creation of derivative works based thereon. You may not use any automatic device or program or manual process to access, monitor, copy or reproduce the Services or the Gemstone Publishing Content without prior written authorization. You may not engage in systematic retrieval of content from the Services or the Gemstone Publishing Content to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written authorization. You may not disseminate any portion of the Services or the Gemstone Publishing Content through electronic means, including mail lists or electronic bulletin boards. You may not reverse engineer the Services, nor circumvent, disable, or otherwise interfere with any technical and/or other limitations, including without limitation security-related features. You acquire no right, title or interest in any Gemstone Publishing Content except for the limited access license granted to you, and Gemstone Publishing reserves all rights in the Gemstone Publishing Content.
- COMMUNICATIONS TO GEMSTONE PUBLISHING AND GEMSTONE AFFILIATES
Although we encourage you to e-mail us, you should not e-mail us anything that contains confidential information or personally identifiable information. Please refer to the Privacy Notice with regard to how we handle your personal information. By e-mailing us or otherwise providing content to us, or posting content to the Sites or the Services including but not limited to feedback, questions, comments, suggestions, and the like (collectively, “User Content”). We may use any non-personally identifiable ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information. You own the rights to anything you post to the Sites or the Services, including text and photographs. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all non-personally identifiable submissions you provide to us, in any media now known or hereafter devised.
The Site or Services may permit you to upload third-party content, including pictures or graphics, for use with the Site or Services (“Service Uploads”). You represent and warrant that prior to providing any upload you will have all necessary rights to provide the Service Uploads, and that your Service Uploads will not infringe on any third-party rights, including any intellectual property or proprietary rights. You grant Gemstone Publishing the right to make your Service Uploads available to licensed end users in the same manner and to the same extent as the Gemstone Publishing Content provided in the applicable Service. Additional terms and options for Service Uploads may be presented through the applicable upload interface available on the Site offering the Service which shall be in addition to, and not instead of, these Terms of Use.
- COMMUNITY GUIDELINES
By using the Sites or Services, you agree you will not: (a) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (b) post advertisements or solicitations of business; (c) impersonate another person; (d) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or 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 Gemstone Publishing all of the license rights granted herein; (e) submit material that is unsuitable for minors in any country; or (f) submit material that is malicious or destructive in nature, or contain a virus or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information. Gemstone Publishing does not and cannot review all User Content or Service Uploads and is not in any manner responsible for such content. Gemstone Publishing reserves the right, but has no obligation, to refuse to post, block or remove communications or materials for any reason in its sole discretion. Gemstone Publishing may terminate your access to our Sites and/or the Services to prevent further posting or distribution of any communications or materials, and Gemstone Publishing may, but is not obligated to, report any of your communications or materials to your educational institution.
- NO WARRANTIES
WE AND OUR LICENSORS AND SERVICE PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF OUR SITES, GEMSTONE PUBLISHING OR GEMSTONE AFFILIATE CONTENT OR SERVICES. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF OUR SITES OR THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITES, THE GEMSTONE PUBLISHING AND GEMSTONE AFFILIATE CONTENT, AND THE SERVICES AT YOUR OWN RISK. OUR SITES, GEMSTONE PUBLISHING AND GEMSTONE AFFILIATE CONTENT AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. GEMSTONE PUBLISHING IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. GEMSTONE PUBLISHING AND GEMSTONE AFFILIATES RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO OUR SITES, GEMSTONE PUBLISHING CONTENT AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
- EXTERNAL WEBSITES
Our Sites may contain links to third-party applications or websites (“External Websites”). These links are provided only as a convenience to you and not as an endorsement by us of the content on such External Websites. Gemstone Publishing may own or receive a fee from the websites. When you access an External Website, Gemstone Publishing and Gemstone Affiliates have no control over its content, applications, or services. We do not make any representations regarding the accuracy, quality, or accessibility of any External Website or its content or materials. Gemstone Publishing and Gemstone Affiliates disclaim all liability for any errors, omissions, violation of third-party rights or illegal conduct arising from such External Websites.
- INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Gemstone Publishing and Gemstone Affiliates and our officers, directors, employees, successors, licensors, service providers, and assignees from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses including, without limitation, reasonable legal and accounting fees, arising from or relating to your breach of this Agreement or your access to, use, or misuse of the Gemstone Publishing or Gemstone Affiliate Content, our Sites, or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
- LIABILITY
IN NO EVENT WILL GEMSTONE PUBLISHING, GEMSTONE AFFILIATES OR OUR LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST DATA, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE GEMSTONE PUBLISHING OR GEMSTONE AFFILIATE CONTENT, SITES, THE SERVICES, OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS OF USE AND IN NO EVENT SHALL THE LIABILITY OF GEMSTONE PUBLISHING, GEMSTONE AFFILIATES, OR OUR LICENSORS FOR WHATEVER CAUSE EXCEED THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE GEMSTONE PUBLISHING OR GEMSTONE AFFILIATE CONTENT, THE SITES, OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING EXCLUSION OF LIABILITY IS NOT PERMITTED UNDER APPLICABLE LAW, GEMSTONE PUBLISHING’S AND GEMSTONE AFFILIATES’ LIABILITY IN SUCH CASE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- INFRINGEMENT NOTIFICATION
We respect the intellectual property rights of others, and require the people who use our Sites do the same. If you believe your work has been copied in a way that constitutes copyright infringement, please send notifications of the claimed infringement to Gemstone Publishing, Office of the President, 10150 York Road, Hunt Valley, MD 21030. Notices of the claimed infringement should include the following information: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located, with a link if possible; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- COMPLIANCE WITH APPLICABLE LAWS
We control and operate our Sites from our offices in the United States of America. We do not represent that materials on our Sites are appropriate or available for use in other locations. Persons who choose to access our Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
- TERMINATION OF THE AGREEMENT
We reserve the right in our sole discretion, to restrict, suspend, or terminate your use or access to any of the Services, Gemstone Publishing or Gemstone Affiliate Content, and/or our Sites and/or discontinue any portion, feature, or content of the Services, Gemstone Publishing or Gemstone Affiliate Content, our Sites, or this Agreement at any time and for any reason without prior notice or liability.
- USE OF DATA
Gemstone Publishing and Gemstone Affiliates may collect, use and sell your data for a variety of purposes including sharing that data with business partners, as allowed by law and contract.
- MISCELLANEOUS
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the remaining clauses will still be valid.
