Terms of Services

UserGems owns and operates UserGems.com (the "Site"), an online platform (the "Service") to provide Influencer Marketing services. Throughout the site, “Users/Company” refers to companies that are using the Site for Influencer Marketing services.

These Terms of Service govern the use of the Site and our Service. The Service includes all aspects of Usergems.com including but not limited to all products, software, data feeds, services and applications offered through the Site. By using the Service or by accessing the Site, you are entering into a legally binding contract and agreeing to be bound by these Terms of Service. Please read the Terms of Service carefully. If you do not agree to be bound by the Terms of Service, please do not access the Service or the Site.

OUR SERVICE IS NOT INTENDED FOR MINORS OR PERSONS BELOW THE AGE OF 18 YEARS. IF IT IS ILLEGAL TO USE OUR SERVICE IN YOU COUNTRY OR REGION, PLEASE DO NOT ACCESS THE SITE.

We may alter, amend, change or revise these Terms of Service at any time. By continuing to access or use the Site or Service after we have posted a modification to these Terms of Service, you agree to be bound by the modified Terms of Service. Please review these Terms of Service regularly. Your account information is subject to our Privacy Policy available at www.usergems.com/about/privacy. The terms of our Privacy Policy are incorporated herein by reference.

In order to use the Service, you ("you" or "User") must agree to these Terms of Service. You can accept these Terms of Service by clicking to accept or agree to the Terms of Service where this option is made available to you in the user interface of the Service.

1. Offered Services

We are offering a service das allows companies to get more information about their users and identify who of them are influencers on various services such as Twitter, Pinterest & Instagram.

This information can then be used for the company to reach out to selected, highly-influential, users and ask them for endorsement to their users.

2. User's Obligations

UserGems is under no obligation to monitor the accuracy or reliability of the content submitted by Users including the information about the products they wish to sell. Although these Terms of Service require Users to provide accurate information, we do not attempt to confirm and do not confirm any information Users provide on the Site. By using the Site or the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or third parties will be limited to a claim against the particular User or other third parties who caused you harm, and you agree not to attempt to impose liability on or seek any legal remedy from UserGems with respect to such actions or omissions. You agree that you are providing accurate, current and complete information about yourself as prompted by our registration form, and you agree to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your registration data as accurate, current and complete. You acknowledge that if your registration data is untrue, inaccurate, incomplete or not current in any respect, we reserve the right to terminate this agreement and your use of the Site.

We try our best to provide factual, correct information about your users. However, we cannot guarantee the 100 % correctness of this information. It is the user’s obligation to verify the information provided before contacted any user based on the information provided.

Usergems works with the information provided by you, mainly email address, first and last name. You may not provide any information which is fraudulent, false, misleading or deceptive.

You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the confidentiality and use of your username and password and agree not to assign, transfer, bequeath, or resell your use of or access to the Site to any third party. You agree to notify UserGems immediately if your account information has been compromised.

3. Ownership of Materials

This Site and its entire contents and materials including, but not limited to, the text, information, material, software and graphics contained on this Site, are owned by UserGems, and its affiliates. Such content is protected by copyright, trademark, and other intellectual property laws and treaties. UserGems makes no proprietary claim to any third party names, trademarks or service marks appearing on the Site.

Any third party names, trademarks, and service marks are the properties of their respective owners. Except as otherwise provided herein, such materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without UserGems's prior written permission.

Users shall not modify the materials or use them for any commercial purpose, or any other public display, performance, sale, or rental, or decompile, reverse engineer, exploit or disassemble software materials, or remove any copyright notice or other proprietary notices from the materials, or transfer the materials to another person without our express consent.

4. Service Standards

We do not warrant that the Site or any of the websites linked to Site are free of any operational errors or that they will be free of any virus, worm, or other harmful component.

Under no circumstances shall UserGems be held liable for delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, causes beyond its reasonable control, including internet failures, computer, telecommunications or any other equipment failures, electrical power failures, etc.

5. Activation / Deactivation / Suspension / Restriction / Termination

We require Users to register at the Site in order to access the service. Users must provide complete and true information in all forms on UserGems.

UserGems reserves the absolute right to inspect correctness and authenticity of registration information to the extent necessary or desirable. Any suspicious account will not be activated until final acceptance by UserGems irrespective of payment made, if any.

UserGems reserves right to deactivate / suspend / restrict / terminate any account in the interest of UserGems or in the general interest without any prior notice without giving any reason or on grounds of non-payment, unauthorized use, incorrect, incomplete or untrue disclosure of information, objectionable displays or behavior without any claim for refund.

UserGems reserves the right to change features and/or functionalities of the Site at any time without prior notice to Users.

6. Cancellation

At any time, and without cause, we may cancel or terminate your access in our sole discretion. You are not entitled for any kind of compensation if you request to cancel or terminate your account. You are liable for charges incurred by you prior to termination of the Service. You are responsible for any charges imposed by your credit card issuing bank for exceeding your account limits or overdrawing your account.

7. Authorization of Use

Once you have established a valid and active account, we grant you a login to access the Service or material located at the Site. This login shall be granted for sole use to one end user per account. UserGems grants you a limited, non-exclusive, non-transferable license to access and view Site content for your non-commercial use. No material within the Site may be transferred to any other person or entity, whether commercial or non-commercial. You may not modify, alter, resell, redistribute, sublicense, display or make derivative works of any materials or content provided on the Site.

We may in our reasonable discretion terminate your login at any time if you breach these Terms of Service. In the case that the Terms of Service are breached, you will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the Site.

8. Payments and Refunds

Companies on UserGems receive 500 free email checks upon signing up. The receive more than these checks, companies need to sign up for one of UserGems’ plans: Start, Pro or Enterprise. Companies will be charged at the beginning of each billing cycle.

These plans give companies access to a certain amount of check email addresses each month. If the number of requested checks surpasses their limit, companies need to purchase a high plan to continue seeing these additional checks. If companies downgrade during the month, but haven’t had more requests than the new plan covers, then we’ll simply change to the new plan. If companies already had more requests than the new, smaller, plan covers, then they have to wait until the next billing period to downgrade.

If a company upgrades, they’ll immediately be in the new plan with the new limit.

Billing cycles are charged for a full month. If a company quits UserGems, we will quit the respective plan at the end of the current billing cycle.

9. Indemnification

You agree to indemnify and hold UserGems, its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from User's access or use of the Site or from User's violation of this agreement or any third party's rights including but not limited to copyright, property, and privacy rights or related in any way to your use of the Site or the Service. This indemnification and hold harmless obligation will survive this agreement and User's use of the Site.

10. Links to Third Party Websites

Our Site contains hyperlinks to other websites operated by parties other than UserGems, and other resources and advertisers. Such hyperlinks are provided for your convenience only. UserGems is not responsible for the availability of these external sites and is not responsible for any of the contents, advertising, products, or other materials on such external sites.

We do not endorse any material on such third party websites or any association with their operators. Under no circumstances shall UserGems be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its site administrator or webmaster.

11. Limitation on Use of our Service

User shall not recompile, disassemble copy, modify, distribute, transmit, display, circulate, broadcast, perform, reproduce, publish or create derivative works from, transfer, or sell any information, content, software, products, tools or services accessed from this Site. User may not rent, lease, sell, sublicense, lend or in any manner allow any other party to use the Service, with or without consideration. You will not transmit any worms or viruses or any code of a destructive nature to any individual through use of the Site or Service. You will not interfere with or disrupt (or attempt to do so) the access of any User including without limitation by overloading, flooding or spamming the Service or by scripting the creation of content in such a manner which creates an undue burden on the Service or the Site. By viewing the contents of this Site, you agree to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.

12. Use of Password

Users shall be responsible for creating and safe keeping of their login id and password. UserGems does not have access to User passwords since they are generated randomly on the Site, encrypted and passed on to the User.

User shall bear all responsibility of keeping the password secure and in the event that the User incurs any liability to UserGems or any other third party as a result of the password being used by third parties, or due to improper use of the password, User shall, without limitation, bear all such liability.

13. Limitation of Liability

NEITHER PARTY SHALL BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST OR CORRUPTED DATA, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY), OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), EVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THIS POSSIBILITY.

User agrees that neither UserGems nor its directors, agents, associates, affiliates or employees shall be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use/delivery/performance or the inability to use/deliver/perform the Service or for replacement cost or resulting from the services subscribed to or obtained or messages received or transactions entered into through or of User's transmissions or data.

User further agrees that UserGems shall not be liable for any damages arising from interruption, suspension or termination of the Service, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

User also agrees that User's sole remedy under these Terms of Service is cancellation of the Service which User can elect at any time.

By viewing, using, or interacting in any manner with this Site, including banners, advertising, or pop-ups, and as a condition to User's lawful viewing of the Site, User forever waives all rights to claim any damage or compensation or direct, indirect or consequential loss against UserGems.

14. Disclaimer

USE OF THE SERVICE IS AT YOUR SOLE RISK. USERGEMS IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. USERGEMS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR SERVICE. USERGEMS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. USERGEMS IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL USERGEMS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE, ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THE SITE AND THE SERVICE ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND USERGEMS MAKES NO WARRANTIES OF ANY KIND RELATING TO THE SERVICE AND EXPRESSLY DISCLAIMS ANY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USERGEMS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. USERGEMS DOES NOT WARRANT THAT (i) THE SERVICE OR SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERR0R-FREE, (iii) THE INFORMATION VIEWED ON THE SITE OR THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, TRUTHFUL OR COMPLETE, (iv) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICE OR SITE WILL BE CORRECTED. USERGEMS DOES NOT WARRANT THE QUALITY OR CONDITION OF ANY PRODUCT OBTAINED ON THE SITE OR THROUGH THE SERVICE.

15. Force Majeure

UserGems shall not be liable for any failure or departure from any duty which has happened due to circumstances beyond its reasonable control which includes but is not limited to natural disasters such as floods, earthquakes, acts of god, war, terrorism, religious and other riots, economic and technological embargoes etc.

16. Electronic Agreement, Communication And Notice

You understand and agree that we interact with our Users electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an e-mail to the address that you have provided to us, or by posting a notice on the Site.

By using the Site or registering with us, you represent that you have the necessary equipment, software and internet access to read, review, print and store any terms or notices that we provide to you. Your affirmative act of accessing and using the Site or the Service and/or accepting the Terms of Service constitutes your electronic signature to this Agreement. You acknowledge and agree that your electronic acceptance of these Terms of Service constitutes an enforceable contract.

17. Miscellaneous Terms

The Terms of Service constitute the entire agreement between you and UserGems and supersede all prior or contemporaneous negotiations, discussions or agreements between you and UserGems about the Service or the Site. We may assign this contract, in whole or in part, at any time, with or without notice to you. You may not assign this contract, or any part of it, to any other person. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Any dispute related to our Services, our Terms of Service or Privacy Policy shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. Any disputes related to these Terms of Service or the Service or Site shall be heard in courts located in Cook County, Illinois.

UserGems' failure to exercise or enforce any legal right or remedy contained in the Terms of Service (or that UserGems has the benefit of under any applicable law shall not constitute a waiver of UserGems's rights and that those rights or remedies will still be available. Any waiver of any provision of these Terms of Service will be effective only if UserGems expressly states in a signed writing that it is waiving a specified term or policy in your favor.

17. Contact Information

All questions to UserGems regarding these Terms of Use may be directed to: security@usergems.com.



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