TERMS OF USE
This website is operated by Loop Devices, Inc. (“Gemio”). The terms “we”, “us” and “our” also refer to Gemio. Gemio provides this website (the “Site”), including all information, tools and services available from this site (the “Services”) to you conditioned upon your acceptance of all terms, conditions, policies and notices included here (the “Terms”). Any new features or tools which may be added to the Services and the Site from time to time are subject to these Terms.
Please read these Terms carefully before accessing or using the Services and the Site. You must accept these Terms (including any additional terms and policies referenced here and/or available by hyperlink) in order to use the Site and the Services. These Terms apply to all users of the Site and the Services. BY USING THIS SITE AND THE SERVICES, YOU AGREE TO THESE TERMS. If you do not agree to THESE TERMS, DO not use THIS SITE OR THE services.
Additional terms might apply to some Services or features. These terms are posted in connection with the applicable Service or feature. Any such terms are in addition to these Terms, and in the event of a conflict, the additional terms will control over these Terms. Our terms of sale are posted here.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms by posting updates and/or changes to our website. You can review the most current version of the Terms at any time on this Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site and the Services following the posting of any changes, signifies that you accept the changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
PRIVACY
Any information collected through your use of the Services or on the Site is subject to the Gemio privacy policy, which is incorporated as part of these Terms.
USE
If you are over 13 years of age, you may use the Services, provided that you are not barred from receiving the Services under applicable law.
You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and the Site as authorized in these Terms. This license is provided solely for your personal use.
INTELLECTUAL PROPERTY
As between you and Gemio, all text, images, graphics, photographs, videos, documents, music, trademarks, materials, information, and other content made available to you via the Site or the Services are owned or licensed by Gemio, and are protected by various intellectual property laws which may include patent, copyright, trade secret, trademark, and trade names protection.
You will not reproduce, duplicate, publish, publicly display, distribute, transfer, post, translate, transmit, mirror or frame, copy, prepare derivative works based upon, sell, resell or otherwise exploit the Site or the Service or any portion thereof, without express written permission by us. No licenses or rights are granted to you by implication or otherwise.
CONTENT
You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We may, but have no obligation to, monitor, edit or remove content. We have the right to remove any content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms. We also have the right to monitor content for the purpose of operating the Site and the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult and cooperate with law enforcement to disclose unlawful conduct, and to prosecute users who violate the law, pursuant to valid legal process.
You are solely responsible for any content you provide and its accuracy. We take no responsibility and assume no liability for any content posted by you or any third-party.
RESTRICTIONS
You may not use the Services or the Site for any illegal, unlawful or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts. In the using the Services and the Site, you will not violate any international, federal, state or local laws, rules, regulations or ordinances. You will not infringe upon or violate any third party rights, including but not limited to intellectual property or proprietary rights. You must not upload or transmit any worms, viruses, bots, Trojans, back doors, or any malicious or destructive code of any kind, or any code that will affect the functionality or accessibility of the Services or the Site. You will not use the Site or the Services to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or for any obscene purpose. You will not use the Site or the Services to (a) submit false or misleading information (such as using a false e-mail address, or pretending to be someone other than yourself); (b) collect or track the personal information of others; (c) spam, phish, pharm, pretext, spider, crawl, or scrape; or (d) to interfere with or circumvent the security features of the Service or Site. A breach or violation of any Terms may result in an immediate termination of your ability to access the Site and/or the Services.
THIRD PARTY SERVICES
We may provide you with access to tools, services, websites and content that are maintained by other parties (“Third Party Services”) over which we neither monitor nor have any control nor input. Third Party Services are provided for your convenience only, and any use by you of such Third Party Services is at your sole risk. Gemio has no liability whatsoever arising from or relating to your use of any Third Party Services, and makes no representations or warranties with respect to such Third Party Services. You acknowledge that these Terms and the Gemio Privacy Policy do not apply to any Third Party Services. Please be sure to read any terms and policies that may apply to the Third Party Services.
COPYRIGHT
We respect copyright law. Here is a link to our Digital Millennium Copyright Act ("DMCA") policy.
FEEDBACK
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Any such submissions are not confidential. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
DISCLAIMERS
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this site is provided for general information only. Any reliance on the material on this Site is at your own risk.
The Services AND SITE are provided “as-is” and “as available” without warranty of any kind. We do not guarantee, represent or warrant that your use of the Services OR SITE will be uninterrupted, timely, secure or error-free. We do not warrant that the Services OR SITE will be accurate. COMPLETE, or reliable. We do not warrant that the services OR SITE will meet your requirements. You agree that from time to time we may remove the service OR SITE for indefinite periods of time or cancel the service OR SITE at any time, without notice to you. You expressly agree that your use of, or inability to use, the service OR SITE is at your sole risk. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY AND ALL WARRANTIES, express, implied, including but not limited to all implied warranties or conditions of merchantability, merchantable quality, quiet enjoyment, fitness for a particular purpose, durability, title, and non-infringement, and ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY
In no case shall Gemio, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any indirect, incidental, punitive, special, exemplary or consequential damages of any kind, including, without limitation lost profits, lost revenue, loss of goodwill, lost savings, loss of data, service interruption, computer damage, system failure, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, product liability, or otherwise, arising from your use of any of the Services, THE SITE or any products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service, THE SITE or any content (or product) posted, transmitted, or otherwise made available via the Service OR SITE, even if Gemio has been advised of the possibility of such damages, and even if a limited remedy set forth herein is found to have failed of its essential purpose. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In any such jurisdictions, our liability shall be limited to the maximum extent permitted by law. IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE EXCEED THE AMOUNTS YOU HAVE PAID TO GEMIO FOR USE OF THE SERVICES OR ONE HUNDRED FIFTY DOLLARS ($150), IF YOU HAVE NOT PAID GEMIO.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Gemio and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any claim, demand, dispute, liability, loss, damage, and/or expense (including reasonable attorneys’ fees) arising out of your breach of these Terms, or your violation of any law or the rights of a third-party.
TERMINATION
These Terms are effective until terminated. You may terminate these Terms at any time by stopping your use of our Services or Site. If you violate these Terms, we may terminate these Terms and/or suspend or terminate your use of the Services or Site without notice. You will remain liable for all amounts due up to and including the date of termination.The following provisions of these terms will survive any termination: Restrictions, Intellectual Property, Disclaimers, Feedback, Limitation of Liability, Indemnification, Termination, and Miscellaneous.
MISCELLANEOUS
Except as otherwise stated herein, these Terms (and any policies or operating rules) constitutes the entire agreement and understanding between you and us and govern your use of the Services and Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). The failure of Gemio to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions. Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. You may not assign or otherwise transfer these Terms without our prior consent. Any notices or other communications delivered by us under these Terms will be given via email or by posting to www.gogemio.com. These Terms shall be governed by and construed in accordance with the laws of Washington State.
CONTACT US
Questions about these Terms should be sent to: [email protected].