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Terms of Service

GemGuide Publication
End User License Agreement
In-Force as of October 2017, Updated as of October 2019

Important-Please read carefully. This Agreement is a legal agreement between you (as an individual or a single company) and Gemworld International, Inc., publisher of the GEMGUIDE. Agreement includes all printed media, online electronic documentation, the GEMGUIDE APP and any other related products distributed under the GEMWORLD or GEMGUIDE brand. By using and/or subscribing to these services, you agree to be bound by the terms and conditions of this agreement.

  1. The GEMGUIDE, GEMGUIDE APP, and related products are protected by copyright laws and International copyright treaties, as well as other intellectual property laws and treaties. You must not copy any portion of the publication for distribution without written permission of the publisher. You may copy portions of the publication for legal cases where the GEMGUIDE is used as a source of research for your report. No portion of the GEMGUIDE can be copied and distributed to any consumer in any manner or used on any online website. You may reference the GEMGUIDE in any document you produce including appraisals, noting only that it is a source of research but it must not ever be referred to as the source verification of an exact price for any diamond or gemstone.
  2. Termination
    Without prejudice to any other rights, Gemworld International, Inc. may terminate a subscription, App and/or software access if you fail to comply with the terms and conditions of this Agreement. In such event, you must cease to referencing the GEMGUIDE in any reports, or in any media distributed in any manner.
  1. Copyright
    All title and copyrights in and to the GEMGUIDE and GEMGUIDE APP (including, but not limited to any images, photographs, video, audio, and text incorporated into the GEMGUIDE and GEMGUIDE APP), the accompanying printed materials, and any copies of the GEMGUIDE and GEMGUIDE APP are owned by Gemworld International, Inc. The GEMGUIDE and GEMGUIDE APP is protected by copyright laws and International treaty provisions. Therefore, you must treat the GEMGUIDE and GEMGUIDE APP like any other copyrighted material. You may not copy the printed materials accompanying the GEMGUIDE and GEMGUIDE APP. Use of GEMGUIDE and or GEMGUIDE APP for any marketing or product/service promotion such as but not limited to online auction sites is strictly prohibited without the express written permission of Gemworld International, Inc.
  2. Injunctive Relief
    The parties agree that if you utilize or otherwise use any of the GEMGUIDE and GEMGUIDE APP in an unauthorized manner, or breach the remaining terms and conditions of this Licensing Agreement, that such use or breach would have a devastating and serious impact on Gemworld International, Inc.’s continuing ability to compete profitably and would, therefore, result in immediate and irreparable injury, loss, or damage to Gemworld International, Inc. The parties agree that in such an event, in addition to Gemworld International, Inc.’s right to recover damages for a breach of this Licensing Agreement, Gemworld International, Inc. would be entitled to obtain a temporary restraining order or a preliminary injunction from a court of competent jurisdiction to prevent You, your employees, agents, consultants, or independent contractors from engaging in any further use of the GEMGUIDE and GEMGUIDE APP or the continued breach of the remaining terms and conditions of this Licensing Agreement.
  3. Customer Remedies
    Gemworld International, Inc. shall have no financial obligations regarding return or non-use of any publication issue once sent either by mail or electronically. If customer cancels their subscription, only a prorated portion of the remaining issues not received shall be refunded. Cancellation processed after the first issue has been delivered either via mail, email or electronically shall incur a $75 cancellation fee. No refunds will be issued after 30 days from the date the order was received.
  4. No Liability for Consequential Damages
    To the maximum extent permitted by applicable law, in no event shall Gemworld International, Inc. be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of the GEMGUIDE or GEMGUIDE APP, even if Gemworld International, Inc., has been advised of the possibility of such damages.

 

GemGuide Appraisal Software
End User License Agreement
Modified and In-Force as of October, 2017, Updated as of October 2019

Important-Please read carefully. This Software Licensing Agreement is a legal agreement between you (as an individual or a single company) and Gemworld International, Inc. producer of GEMGUIDE APPRAISAL SOFTWARE (GAS). Agreement includes computer software, associated media, printed materials, and online electronic documentation. By installing, copying, or otherwise using the GEMGUIDE APPRAISAL SOFTWARE, you agree to be bound by the terms and conditions of this agreement.

The GEMGUIDE APPRAISAL SOFTWARE is protected by copyright laws and International copyright treaties, as well as other intellectual property laws and treaties. The GEMGUIDE APPRAISAL SOFTWARE is a licensed use software. Initial fees are for installation and training. Ongoing fees are usage based. The software is not sold outright for unlimited usage.

  1. Grant of License
    You may install the GEMGUIDE APPRAISAL SOFTWARE on one or more computers without restriction of use or users. However, since pricing for GEMGUIDE APPRAISAL SOFTWARE is based on ongoing usage charges, individual per use charges will apply to all installations. The GEMGUIDE APPRAISAL SOFTWARE may also be installed on a network server for multi-user interface.
  2. The GemGuide Pricing
    The GEMGUIDE APPRAISAL SOFTWARE uses electronic pricing information as reported in the GemGuide. Use of pricing is a separate fee based product not covered by this licensing agreement. Please contact Gemworld International, Inc. for information pertaining to usage of the pricing information.
  3. Source Code
    You may not alter, engineer, disassemble, or reprogram any code within the GEMGUIDE APPRAISAL SOFTWARE. For alteration of information and its use other than reformatting output in word processing, please contact Gemworld International, Inc. for written permission.
  4. Rental
    You may not rent or lease the GEMGUIDE APPRAISAL SOFTWARE to any other individual or company.
  5. Software Transfer
    You may not permanently transfer all of your rights under this licensing agreement without the prior written consent of Gemworld International, Inc.
  6. Termination
    Without prejudice to any other rights, Gemworld International, Inc., may terminate this License Agreement if you fail to comply to the terms and conditions of this Agreement. In such event, you must destroy all copies of the GEMGUIDE APPRAISAL SOFTWARE and all of its component parts.
  7. Upgrades
    From time to time Gemworld International, Inc. may make available updates to the GEMGUIDE APPRAISAL SOFTWARE. You must download and install or otherwise use those updates to the GEMGUIDE APPRAISAL SOFTWARE when they become available. Gemworld International, Inc. may render inoperative the versions of the GEMGUIDE APPRAISAL SOFTWARE that have been selected for updating. Gemworld International, Inc. may render inoperative the updates to the GEMGUIDE APPRAISAL SOFTWARE as well as the original versions of the GEMGUIDE APPRAISAL SOFTWARE without notice. All updates to the GEMGUIDE APPRAISAL SOFTWARE are governed by this Licensing Agreement, unless other license terms are provided with the update.
  8. Copyright
    All title and copyrights in and to the GEMGUIDE APPRAISAL SOFTWARE (including, but not limited to any images, photographs, video, audio, and text incorporated into the GEMGUIDE APPRAISAL SOFTWARE), the accompanying printed materials, and any copies of the GEMGUIDE APPRAISAL SOFTWARE are owned by Gemworld International, Inc. The GEMGUIDE APPRAISAL SOFTWARE is protected by copyright laws and International treaty provisions. Therefore, you must treat the GEMGUIDE APPRAISAL SOFTWARE like any other copyrighted material. You may not copy the printed materials accompanying the GEMGUIDE APPRAISAL SOFTWARE. Copyrights and trademarks may not be used on online auction sites without the express written permission of Gemworld International, Inc.
  9. Injunctive Relief
    The parties agree that if you utilize or otherwise use any of the GEMGUIDE APPRAISAL SOFTWARE in an unauthorized manner, or breach the remaining terms and conditions of this Licensing Agreement, that such use or breach would have a devastating and serious impact on Gemworld International, Inc.’s continuing ability to compete profitably and would, therefore, result in immediate and irreparable injury, loss, or damage to Gemworld International, Inc. The parties agree that in such an event, in addition to Gemworld International, Inc.’s right to recover damages for a breach of this Licensing Agreement, Gemworld International, Inc. would be entitled to obtain a temporary restraining order or a preliminary injunction from a court of competent jurisdiction to prevent You, your employees, agents, consultants, or independent contractors from engaging in any further use of the GEMGUIDE APPRAISAL SOFTWARE or the continued breach of the remaining terms and conditions of this Licensing Agreement.
  10. Customer Remedies
    As this GEMGUIDE APPRAISAL SOFTWARE is leased on a per use basis, Gemworld International, Inc. shall have no financial obligations regarding return or non-use of said GEMGUIDE APPRAISAL SOFTWARE once the initial 100 appraisals are received or within 90 days of purchase and non-use. If customer experiences hardware problems that result in loss of data or unused blocks of purchased usage, Gemworld International, Inc. has no liability and customer has no remedies or actions that may be taken as a result of such problems. Gemworld International, Inc. shall replace said GEMGUIDE APPRAISAL SOFTWARE at no cost, however, unused product shall not be replaced. It is the responsibility of the user to perform frequent backups of data to prevent loss of such in the event of hardware failure.
  11. No Liability for Consequential Damages
    To the maximum extent permitted by applicable law, in no event shall Gemworld International, Inc. be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the GEMGUIDE APPRAISAL SOFTWARE, even if Gemworld International, Inc, has been advised of the possibility of such damages.
  12. Information Exchange of User Identification and Statistical Data
    Those clients that opt to use the automatic download feature for updating pricing tables understand that by doing so, Gemworld International, Inc. reserves the right to obtain certain information from the user’s system primarily for statistical analysis. This information exchange will not be shared with any other company or individual outside of Gemworld International, Inc. The information exchange will absolutely not involve confidential information such as client names, addresses, personal data, etc. Only the information of the licensed user, usage information, and related data will be exchanged.