Agreement to our Legal Terms
We are Gsmundo (“Company”, “we”, “us”, “our”).
We operate, as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”). You can contact us by email at cs@gsmundo.com
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and ________, concerning your access to and use of the services. You agree that by accessing the Services, you have read, understood and agreed to be bound by all these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the services from time to time are hereby expressed incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you have waive any right to recieve specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes ina ny revised Legal terms by your continued use of the services after the date such revised Legal Terms are posted.
Table of Contents
The information provided when using the Services is not intended for distriution to our use bu any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so in their own initiative and are solely responsible for compliance with local laws. If and to the extent local laws are applicable.
2. Intellectual Property rights
We are the owner of the licensee of all intellectual Property rights in our services including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics in the services (collectively, the “Content”), as well as the trademarks, service marks and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The content and marks are provided in or through the Services “AS IS” for your personal, non-commcercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable revocable license to”
Solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced , aggregaed, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior written permision.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to cs@gsmundo,.com If we ever grant you the permisiion to post, reproduce, or publicly display any part of our services or content, you must identify us as the owners or display any part of our services, content or marks and ensure that any copyright or propriertary notice appears or is visible on posting, reproducing or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content and Marks.
Any breach of these Intellectual Property Rights will constiture a material breach of our Legal Terms and your right to use our Services will terminate immedately.
Your Submissions
Please review this section and the “PRROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you guve us and (B) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
You are responsible for what you post or upload: By sending us submissions through any part of the Services you:
You are solely responsible for yoru Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) anyy third party’s intellectual property rights, or (c) applicable law.
3. User Representations
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms: (2) you are not a minor in the jurisdiction uin which you reside: (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise ; (4) you will not use the Services for any illegal or unauthorised purpose; and (5) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof.)
4. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
5. User Generated Contributions
The services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or on the services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the services and through third-party websites. When you create or make or make available any contributions, you thereby represent and warrant that:
6. Contribution License
You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).
By submitting suggestions or other feedback regarding the services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your contributions. You retain full ownership of all your contributions and any intellectual property rights or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions to the services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.
7. Services management
We reserve the right, but not the obligation to: (1) monitor the services for violations of these Legal Terms: (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcment authorities: (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable ( to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the services or otherwise disable all files and content that are excessive in size or are ina ny way burdensome to our systems; and (5) otherwise manage the services in a manner designed to protect our rights and property and to facilitate the proper functioning of the services.
8. Term and Termination
These legal terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING. IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reseve the right to take appropriate legala action, including without limitation pursuing civil, criminal and injunctive redress.
9. Modifications and Interruptions
We reserve the right to change, modify or remove the contents of the services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our services. We will not be be liable to you or any third party for any modification, price change, suspension or discontuniance of the services.
We cannot guarantee the services will be available at all times. We may experience hardware, software or other problems or need to perform maintenence related to the services, resulting in interruptions, delays, or erros. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the services at any time or for any reason without notice to you. You aree that we have no liability to access or use the services during any downtime or discontinuance of the services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the services or to supply any corrections, update or releases in connection therewith.
10. Governing Law
These legal terms shall be governed by and defined following the laws of ______________ and yourself irrevocably consent that the courts of _____________ shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these legal terms.
11. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost any dispute, controversy, or clain related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually , a “Party” and collectively the “Parties”), the parties agree to first attempt to negotiate any dispute (except those Disputes expressly provided below) informally for at least _______________ days before initiating arbitration. Such informal negotitaions commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which as a result of referring to it is considered as the part of this clause. The number of arbitratros shall be _________________. The seat, or legal place, or arbitration shall be _____________. The governing law of these Legal Terms shall be substantive law of ______________.
Restrictions
The parties agree that nay arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotitions and Arbitrations
The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration; (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Partty; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any clain for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portuin of this provision `found to be illiegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
12. Corrections
There may be information on the services that contain typographical errors, inaccuracies or omissions including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change our update the information on the services at any time, without prior notice.
13. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-I AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WE NAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THER SERVICES CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURANCIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND TO USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OT FROM THE SERVICES,(5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS INA NY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OUR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR, CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES . IF THESE LAWS APPLY TO YOU SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. Indemnificiation
You agree to defend, indemnify, and to hold us harmless, including our subsidiaries, affliates, and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand including reasonable attorneys’fees and expenses, made by any third party due to or arising out of (1) use of the services, (2) breach of these Legal Terms, (3) any breach of your representations and warranties set forth in these legal terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Services with whom you connected via the services Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defencse and control of any matter for which you are required to indemnify us; and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable effort sto notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
16. User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the services, “as well as data relating to your use of the services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
17. Electronic Communications, Transactions, and Signatures
Visiting the services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the services, satisfy any legal requirements that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statues, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
18. Miscellaneous
The legal terms and any policies or operating rules posted by us on the services or in respect to the services constiture the entire agreement and understanding between you and us. Our faikure to exercise or enforce any right or provision of these legal terms shall not operate as a waiver of such right or provision. These legal terms operate to the fullest extent permissible by law. We may assign any or all of us our rights and obligations to others at any time. We shall not be responsible or liable for aany loss, damage, delay or failure to act caused by any cause beyond or reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and doesnt affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created beteween you and us as a result of these Legal Terms or use of the services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
19. Contact Us
For any complaints or to request additional information contact us at cs@gsmundo.com