Welcome to the user agreement (the "Agreement" or "User Agreement") for geminimen.com & buygeminixxx.com.(the "Site" or the "Website") which is a website owned by Gemini Studios ("Company"). If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Company's services or Website.
As used herein, "Member" shall mean a person whose registration of an account with the Site has been accepted by the Company.
As used herein, "Website Material" shall mean contents available for viewing and contents available for download on the WebSite, including but not limited to text, graphics, images, logos, button icons, and software.
1. Binding Nature.
2. Change Control.
Gemini Studios reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the revisions on the Site. You are responsible for reviewing the Agreement, policies and guidelines, and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the services offered on this Site following the posting of any changes on geminimen.com & buygeminixxx.com will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use these Site or the services offered on these Site.
The Company's Site and its services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Company's Site and its services are not available to minors (persons under the age of 18 or in some states under the age of 21) or to temporarily or indefinitely suspended geminimen.com & buygeminixxx.com Members. If you do not qualify, you may not use the Company's Site.
Use of the Site or its Services is strictly prohibited for any use other than for personal, non-commercial use. This prohibition includes, but is not limited to, the following terms:
a. Competitors are not authorized to access or use the Company's WebSite without express, written permission from the Company in advance of such access.
b. Members of the law enforcement community, their agents and employees are not authorized to access or use the Company's WebSite.
c. Employees of the United States government, their agents, and their contractors are not authorized to access or use the Company's WebSite.
5. Services - General.
The Company's Site is a venue for providing a means for the viewing and downloading of adult-oriented images, including, but not limited to, adult-oriented photographs and adult-oriented videos.
6. Services - Fees.
Upon registration with the Site, you will be charged pursuant to the membership rates posted at the time of registration. The posted membership rates are incorporated into this Agreement by reference.
7. Restricted Activities.
Your activities on the Site shall not: (a) be false, inaccurate, or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising); (e) be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (f) be obscene or contain child pornography; (g) include the use of derogatory statements or offensive language; (h) be abusive or hateful; (i) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Company's Site; or (j) create liability for the Company or cause it to lose (in whole or in part) the services of its ISPs or other suppliers.
8. Access and Interference.
You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without the Company's express written permission. Additionally, you agree that you will not: (i) take any action that Gemini Studios, in its sole discretion, believes imposes an unreasonably large load on its server. Please be advised that security software is in place to regulate excessive downloads which could result in a full or partial suspension of membership. (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any WebSite Material without the prior expressed written permission of Gemini Studios and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures Gemini Studios may use to prevent or restrict access to the Site.
9. Links to Third Party Site.
There may be links established between the Site and other Sites on the World Wide Web or Internet which are not under the control of or maintained by Gemini Studios. Such links do not necessarily constitute an endorsement by Gemini Studios of those Sites. Gemini Studios undertakes no obligation to monitor such Sites, and you agree that Gemini Studios is not responsible for the content of such Sites or any technical or other problems associated with any such third-party Sites, links or usage.
Without limiting other remedies, Gemini Studios may limit your activity for activities or actions for which Gemini Studios believes, in the Company's sole discretion, you are responsible, issue a warning, temporarily suspend, indefinitely suspend, place restrictions and limitations on, or terminate your membership and refuse to provide the Company's services to you if, within the Company's sole and independent judgment: (a) you breach, or Gemini Studios anticipates that you are about to breach, this Agreement or the documents it incorporates by reference; (b) Gemini Studios is unable to verify or authenticate any information you provide to the Company; or (c) Gemini Studios believes that your actions may cause financial loss or legal liability for you, the Company's users or the Company. Gemini Studios can also terminate this Agreement at any time, with or without cause.
11. Copyright and Intellectual Property.
All WebSite Material is protected under United States and foreign copyright, trademark, and other laws. All WebSite Material is the property of the Company or its content suppliers, vendors, and clients. The compilation (meaning the collection, arrangement, and assembly) of all content on this WebSite is the exclusive property of the Company and protected by United States and international copyright laws. Unauthorized use of the WebSite Material may violate copyright, trademark, and other laws. You must retain all copyright, trademarks, service mark, and other proprietary notices contained in the original WebSite Material on any copy you make of the WebSite Material pursuant to use of the material. You may not sell or modify the WebSite Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public, commercial, or any other purpose. The use of the WebSite Material on any other WebSite or in a networked computer environment for any purpose is prohibited. Further, the HTML code that is created by the Company while generating its pages is also protected by the Company's copyright.
Without limiting, modifying, or abrogating the preceding, you may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the preceding, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide geminimen.com & buygeminixxx.com’s Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the WebSite; your address, telephone number, and email address; a written 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; 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.
14. No Warranty.
THE COMPANY'S OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS PROVIDE THE COMPANY'S WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY'S OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN ADDITION, THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT SELLERS WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING FROM COURSE OR DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF GEMINI STUDIOS. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GEMINI STUDIOS DISCLAIMS ANY AND ALL SUCH WARRANTIES.
15. General Release.
YOU RELEASE GEMINI STUDIOS, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE.
16. Limitation of Liability.
IN NO EVENT SHALL GEMINI STUDIOS, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
You agree to indemnify and hold the Company and the Company's officers, directors, agents, employees, contractors, and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, your violation of any law or the rights of a third party, or any claim or demand alleging such breach or violation.
18. Dispute Resolution.
Any such controversy or claim shall be filed on an individual basis, and shall not be consolidated in any court proceeding with any claim or controversy of any other party.
Gemini Studios grants a limited license to each Member to make personal use only of the Site and the Services in accordance with this Agreement. This license provides for unlimited viewing of the licensed material by the individual to which the license is being issued.