GBMMD TERMS OF SERVICE
1. Introduction
1.1. Gbmmd is a trading platform that allows users to buy goods through the website gbmmd.com ("Website"). As a trading platform, Gbmmd does not own its own accounts listed on this site. The actual purchase and sale agreement is concluded directly between the Buyers and Gbmmd. While Gbmmd can help facilitate transactions and/or resolve disputes between Buyers and Gbmmd, Gbmmd controls and guarantees: the availability, quality, safety or legality of the advertised products; the truthfulness or accuracy of the content or User lists. You agree that the Site is a venue, and therefore Gbmmd is responsible for any content, such as data, text, information, usernames, graphics, images, photos, profiles, audio, video, elements and links posted by you, other users or third parties on the Site. You use the Site at your own risk.
1.2. These Terms of Service (the "Agreement" or "Terms"), the Privacy Policy and all policies and guidelines posted on the Site define the terms and conditions under which Gbmmd offers you access and use of the Site, as well as the services, applications and tools available on it (collectively, the "Services"). This Agreement is concluded between you as a user of our Services (the "User") and Gbmmd Market CJSC, contact email [email protected]. All the rules and Privacy Policy of Gbmmd are included in this Agreement. You agree to comply with all of the above when accessing and using our Services.
1.3. Please keep in mind that this Agreement contains provisions governing the settlement of claims that you and/or Gbmmd may have against each other (see Disclaimer of Warranties; Provisions on Limitation of Liability and Legal Disputes below).
1.4. Acceptance of the Agreement. By accessing or using the Site, you hereby agree to accept the terms and conditions set out in this Agreement as a User. You must comply with the terms and conditions of this Agreement with respect to your access to or use of this Site and any further updates, modifications, additions or changes to this Site. If you do not accept all the terms and conditions of this Agreement, please do not use this Site. You may not use the Site and may not accept the terms of this Agreement if (a) you are under the age of majority and/or do not have the necessary permissions and permissions (including parental/guardian consent – if applicable) to enter into a binding contract, or (b) you are a person who is prohibited from using the Site under the laws of the United States or other countries, including the country in which you reside or from which you use the Site. Gbmmd can verify the age and / or nationality of the Account holder. As part of the verification process, Gbmmd may require the account holder to provide additional identification information, including, but not limited to, a copy of a valid driver's license (or other form of government-issued identification). This Agreement applies to all users of the Services, including, but not limited to, users who are suppliers, customers. Before proceeding, you should print or save a local copy of this Agreement for your records.
1.5. Amendments. Gbmmd may amend this Agreement and / or the Site Policy at any time, with or without notice, by posting the amended and revised Agreement or Policy on the Site. The amended and revised Agreement and / or policy will enter into force immediately after publication. Gbmmd's publication of the amended and revised Agreement or policy and your continued use of the Site will be considered acceptance of the amended terms. This Agreement and the Site Policy may not be changed in any other way, except in writing by an authorized official of Gbmmd.
2. Definitions
2.1. "Gbmmd Content" means information, text, images, video clips, catalogs, files, databases or offers available on or through the Site.
2.2. "Registered User" means each User who has filled out the registration form on the Site, providing information about the User (such as name, address, phone number, fax number, email address, etc.). Gbmmd will create an account ("Account") for each Registered User on the Site, and each Registered User will be assigned a user alias ("User Name") and password ("Password") to log in to their Account on the Site.
2.3. "Third-party Content" means the content displayed on the Site, provided or posted by third parties.
2.4. "Third Party Rights" means third party copyrights, trademarks, trade secrets, patents and other personal or proprietary rights that affect or relate to the materials or information displayed on the Site, including, but not limited to, personal rights and privacy rights, or affect or relate to products that are offered or displayed on the Site.
2.5. "Transaction risks" – The risks that Users assume when using the Site or conducting transactions through the Site. Transaction risks include risks of liability or damage of any kind in connection with the use of the Site. Such risks include, but are not limited to: (i) misrepresentation of information about products and services, fraudulent schemes, unsatisfactory quality, non-compliance with technical requirements, defective or dangerous products, illegal products, delay or failure to fulfill delivery or payment obligations, cost miscalculations, breach of warranty and breach of contract; (ii) the risks associated with the fact that the production, import, distribution, offer, demonstration, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be claimed to violate the Rights of Third Parties, as well as the risk that Users may incur defense costs or other costs in connection with the assertion by third parties of the Rights of Third Parties or in connection with any claims by any party that they are entitled to protection or compensation for damages in connection with the assertions of rights, (iii) the risks that consumers, other buyers, end users of products or other persons claiming that they have received injuries or harm related to the product originally received by Users of the Site as a result of purchase and sale transactions in connection with the use of the Site may suffer harm and/or make claims arising from their use of such products.
2.6. "User" means any person who gets access to the Site for any purpose, regardless of whether the specified User has registered on the Site as a Registered User. The User includes any person using this Site and any legal entity that may be represented by such a person with actual or visible powers.
3. Use of the Site
3.1. General provisions. Users may use this Site solely for their own personal or internal purposes. Each User agrees that he must not copy, reproduce or download any Gbmmd Content for the purpose of reselling or re-distributing Gbmmd Content, mass mailing (by email, wireless text messages, physical mail or otherwise), conducting business competing with Gbmmd, or otherwise using Gbmmd Content commercially. Systematic search of Gbmmd Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or catalog (using robots, spiders, automatic devices or manual processes) without the written permission of Gbmmd is prohibited. In addition, the use of Gbmmd Content for any purposes not expressly permitted in this Agreement is prohibited.
3.2. Messages or information sent by the User through the communication systems provided by Gbmmd, as well as emails, faxes, letters to recipients or instant messages sent to addresses obtained from information received from the Site, must not contain any materials described in the provisions of Section 5.4.
3.3. No User should take any actions aimed at undermining the integrity of computer systems or networks used by Gbmmd or any other User, and no User should attempt to gain unauthorized access to such computer systems or networks.
3.4. Privacy Policy. We strongly recommend that you read the Site's Privacy Policy, which regulates the protection and use of the information of each User held by Gbmmd. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that Gbmmd may change the Privacy Policy from time to time, with or without notice, and must post an updated version of the Privacy Policy on the Site at any time. Your continued use of the Site will be considered your consent to the Privacy Policy, which is then displayed on the Site during such use.
3.5. Rights Of Third Parties. As a condition of your access and use of the Site, you agree that you will not use our Services in any way to violate the Rights of Third Parties of others. Gbmmd may, under appropriate circumstances, close the accounts of Users who have repeatedly violated the Rights of Third Parties of others. In addition, Gbmmd reserves the right to close the account of any User if Gbmmd believes that the User's behavior is detrimental to the interests of the Site, Gbmmd , its employees, directors, affiliates or other Users, or for any other reason at Gbmmd's sole and absolute discretion , with or without reason.
3.6. By using the Site, you also agree, declare and guarantee that:
You have all the necessary and relevant experience and knowledge to work with digital goods, fully understand their structure, are aware of all the advantages, risks and any limitations associated with digital assets (including their purchase and use), as well as the necessary and relevant knowledge and experience for their purchase, use and management, and are fully responsible for any assessments based on such knowledge;
If you are a corporation, government organization, or other legal entity, you have the right, authority, and authority to act on behalf of such corporation, government organization, or other legal entity and bind them to these Terms;
You will not use the Website for any illegal activity, and you are not engaged in any illegal activity;
You solely control your credentials (email address, password or other information provided for the purpose of using the Website) and do not act on behalf of any third party.
3.7. No person, employee, agent or legal entity in any way associated with any publisher or developer of games, including, but not limited to, Blizzard Entertainment, Battle.net, Sony Online Entertainment Inc., Sony Computer Entertainment America Inc., NCsoft Corporation, Turbine, Ubisoft, Codemasters, Electronic Arts, CCP Games, Atari, Webzen, Acclaim, Mythic Entertainment, Inc., Lucasfilm Entertainment Company Ltd. and Square Enix CO., LTD., has the right to use or access this site or use the services provided here.
4. Registered Users
4.1. Confidentiality. By becoming a Registered User, you agree to our Privacy Policy. You also agree to the inclusion of your personal data in our database and allow Gbmmd to share such information with other Users in accordance with the purposes set out in this Agreement.
4.2. Despite Section 4.1 above, Gbmmd may refuse to register and refuse to issue an Account and its associated Username and Password to any User for any reason or for no reason at all.
4.3. By creating an Account, you also agree to receive electronic messages from Gbmmd (for example, by email). These messages may include notifications about your account (for example, about changing your password and other transaction information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal requirements regarding communication, including, but not limited to, that such communications must be in writing. You must keep copies of electronic communications from us by printing a paper copy or by saving an electronic copy. We may also send you promotional emails, including, but not limited to, newsletters, special offers, surveys and other news and information that we believe will be of interest to you. You can opt out of receiving these promotional emails at any time by following the corresponding unsubscribe instructions.
4.4. Gbmmd may suspend or close the Account of a Registered User at any time if:
According to the sole and absolute determination of Gbmmd, there is any violation of the provisions of this Agreement by the Registered User; or
Gbmmd has reasonable grounds to suspect that the information provided by the Registered User is untrue, inaccurate, or not up-to-date or complete; or
Gbmmd believes that the behavior of Users is detrimental to the interests of the Site, Gbmmd, its employees, directors, affiliates or other Users; or
For any other reason at the sole and absolute discretion of Gbmmd.
4.5. Prohibition on the transfer of the Account, User Name and Password. The Registered User may not transfer, assign or otherwise transfer the Account, Username or Password to a third party without the prior written consent of Gbmmd. Gbmmd may suspend or close the Account of a Registered User or the recipient of a Registered User in the event of a sale, offer for sale, gift, assignment or transfer in violation of this Section.
4.6. Without limiting any other legal remedies, we may suspend, terminate, delete, restrict or modify Accounts or access to the Services or any parts thereof, withhold, delay or delete posted content, take legal and technical steps to prevent access to the Services or take other actions consistent with these Terms, with or without notifying you, if we suspect or determine, in our sole discretion, that you have not fulfilled any of these Conditions or otherwise engaged in illegal activities or improper use of our Services. This may result in the loss or termination of your account, information, identity, ratings, benefits, virtual items, in-game purchases, subscriptions, or other losses. We are not and will not be liable for any such losses and are not obligated to compensate you for them.
4.7. We reserve the right to stop offering and / or supporting our Services or any part of them, including, but not limited to, any particular service, product or game, at any time for any reason. If this happens, your license to access or use the relevant Services will be automatically terminated. We reserve the right to close any Account that has been inactive for 180 days or more. We are not obligated to notify you in advance of any of these actions or to provide you with any refunds, compensations or any tangible or intangible benefits for discontinued or discontinued Services, or discontinued Accounts, or any losses resulting from this.
4.8. You can close your Account for any reason and at any time. If you decide to exercise this right, please inform Gbmmd that you want to close your account by opening a support request with a request to close your account. You understand that if you close your account, you may no longer have access to information previously associated with your account.
5. Placement on the Website
5.1. You must be a Registered User in order to post information on the Site using the self-help tools for sending and editing provided by the Site.
5.2. No sales agency relationship is created between any User and Gbmmd, its affiliates, directors, officers or employees by virtue of Gbmmd displaying any User information on the Site.
5.3. Each User hereby declares, guarantees and agrees:
That any information provided by the User for display on the Site is reliable, accurate, up-to-date and complete; and
That it will maintain and promptly change all information so that it remains true, accurate, up-to-date and complete.
5.4. Prohibited behavior. Each User hereby declares, guarantees and agrees that the information provided by Gbmmd for display on the Site should not:
Be part of a scheme to deceive other Users of the Site or for any other illegal purposes;
Refer to the sale of products or services that violate or otherwise promote or encourage the violation or violation of any Rights of Third Parties;
Violate any applicable laws, laws, regulations or regulations (including, but not limited to, those governing export controls, consumer protection, unfair competition, anti-discrimination or false advertising);
Be defamatory, slanderous, unlawfully threatening or unlawfully harassing;
Be obscene or contain or suggest any pornography or advertising related to sex, or any other content that otherwise promotes sexually explicit materials or otherwise harms minors;
Encourage discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
Contain any materials that constitute unauthorized advertising or harassment (including, but not limited to, spam);
Request business from any Users in connection with commercial activities that compete with Gbmmd / Site;
Contain any computer viruses, Trojan horses, worms or other destructive devices and codes that can lead to damage, interference, interception or expropriation of any software or hardware system, data or personal information;
Involve any countries, organizations, individuals, or items prohibited by sanctions, embargoes, regulations, or orders that are administered by the Office of Foreign Assets Control of the United States Department of the Treasury ("OFAC") or other government agencies;
Contain items that have been identified by the US Consumer Product Safety Commission (CPSC) as dangerous for consumers and, therefore, subject to recall;
Be defamatory, defamatory, unlawfully threatening, unlawfully harassing, impersonating or intimidating any person, or falsely state or otherwise misrepresent your connection with any person, for example, using a similar email address, pseudonyms or creating false accounts or any other methods or devices
Directly or indirectly refer to or include descriptions of goods or services that are prohibited by this Agreement; or
Otherwise, create any liability for "Gbmmd", its employees, directors or its affiliates.
5.5. Rights Of Third Parties. Each User hereby represents, warrants and agrees that he has obtained all necessary licenses and permissions for copyright, trademark, trade secret or patent of a third party or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including, but not limited to, personal rights and privacy rights), for any materials or information that he posts on the Site or provides to Gbmmd/the Site or allows Gbmmd to display. Each User hereby declares, guarantees and agrees that he is solely responsible for ensuring that any materials or information that he posts on the Site or provides to Gbmmd or allows Gbmmd to display does not violate and that the products presented in this way do not violate any Rights of Third Parties or are published with the permission of the owner(s) of such rights. Each User hereby declares, guarantees and agrees that he has the right to produce, offer, import and distribute the products that he offers and displays on the Site, and that such production, offer, sale, import and/or distribution of these products does not violate any Rights of Third Parties.
5.6. Issuing a license. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through several levels), assignable license to Gbmmd and its affiliates to display and use all information provided by such User, in accordance with the purposes set out in this Agreement, and to exercise the User's rights to such materials or information, including, but not limited to, copyrights, advertising rights and database rights, in any media, known or unknown at present.
5.7. Removal of the material. Gbmmd reserves the right, at its sole and absolute discretion, to remove any materials posted on the Site, including materials that, in its sole and absolute discretion, are illegal, may lead to Gbmmd's liability, violate this Agreement or are otherwise considered inappropriate.
5.8. Gbmmd reserves the right to fully cooperate with government agencies, private detectives and/or injured third parties in the investigation of any suspected criminal or civil offenses. In addition, Gbmmd may disclose the identity and contact information of any User if requested to do so by a government or law enforcement agency, an affected third party, a subpoena or any other legal action, and Gbmmd is not responsible for damages or any other consequences of this. The User also agrees that he will not bring any lawsuits or claims against Gbmmd for such disclosure. In connection with any of the above, Gbmmd may suspend or close the Account of any User as Gbmmd deems appropriate, at its sole and absolute discretion. The User agrees that Gbmmd is not liable to the User, including liability for indirect or any other damages, if Gbmmd takes any actions mentioned in this Section, and the User agrees to bear the risk that Gbmmd may take such actions.
6. Transactions between Buyers and Gbmmd
6.1. General provisions. Gbmmd provides an electronic web platform for the exchange of information between buyers ("Buyer" or "Buyers") and Gbmmd ("Gbmmd "or" Gbmmd") of goods and services.
6.2. Users are solely responsible for all the terms and conditions of transactions carried out on, through or as a result of using the Site, including, without limitation, the terms and conditions relating to payment, refunds, guarantees, delivery, insurance, fees, taxes, ownership, licenses, fines, permits, processing, transportation and storage.
6.3. Mandatory sale. Gbmmd is responsible for accurately listing its products, and buyers are responsible for reading the product descriptions before making a purchase. All sales are mandatory. Gbmmd is obliged to send the order, transfer the goods or otherwise promptly complete the transaction with the Buyer, unless exceptional circumstances arise, such as: (a) the Buyer does not fulfill the conditions specified in the Gbmmd list (for example, the payment method), or (b) Gbmmd cannot confirm the identity of the Buyer. The buyer is obliged to make an appropriate payment for the purchased goods, unless exceptional circumstances arise.
6.4. Taking risks. Each User acknowledges that he fully assumes all Transaction Risks when using the Site for conducting transactions and that he fully assumes the risks of liability or damage of any kind in connection with the use of the Site. Each User agrees that Gbmmd is not responsible for any losses, obligations, expenses, harm, inconvenience, malfunctions or expenses of any kind that may arise as a result of or in connection with any Operational Risks.
6.5. Refund Policy. All sales on Gbmmd are final, and no refund is made if the item is not delivered or does not match the description. In this case, you will receive a full refund. The user can request a refund by going to the order page and raising a dispute. The refund process may take up to 1 week.
6.6. Payment Refund Policy. As soon as the order is marked by Gbmmd as delivered and received by the buyer, the orders are considered fulfilled, both parties are satisfied, and the sale is final. Customers who make chargebacks for completed orders will be permanently blocked in Gbmmd. If you have a problem with an outstanding order, contact the Gbmmd support service instead of returning the money.
7. Payments
7.1. When you provide payment information to Gbmmd or one of its payment processors, you represent and warrant that you are an authorized user of such information, including, without limitation, a credit card, PIN, key or associated account, and you authorize Gbmmd and payment processors to charge you for your purchases, subscriptions or any other fees incurred by you.
7.2. Gbmmd, at its sole discretion, may inspect and verify (i) the details related to the list sold on the Site, (ii) the buyer of the Site list and (iii) the seller of the Site list. As part of the verification process, Gbmmd may require the buyer or seller to provide additional identification information, including, but not limited to, a copy of a valid driver's license (or other form of government-issued identification) before or during the transaction. Users may also be asked to go through additional security procedures and share additional information to confirm their identity. Gbmmd reserves the right to reject any product that, in our opinion (at our sole discretion), may: (i) be fraudulent, invalid, unreliable or stolen, (ii) obtained from an unauthorized or illegal source, (iii) is associated with any illegal activity, or (iv) otherwise poses a financial risk to us or our users.
7.3. You agree and acknowledge that payment processing services are provided by third parties ("Payment Systems"), including, but not limited to PayPal Holdings, Inc., and are subject to the relevant service agreements (collectively, the "Payment Services Agreement"). By using the Services, you agree to comply with the terms of this section and the Payment Services Agreement, as they may be changed from time to time by us or Payment Systems. As a condition of sale, you agree to provide Gbmmd with accurate and complete information about you and your business (if applicable), and you authorize Gbmmd to share, in accordance with the Payment Services Agreement, such information and related transaction information related to your use of payment processing services provided by Payment Systems.
Rules for depositing funds. You can deposit at least 0.6$ to your account. The deposit is available only in US dollars.
8. Disputes between Gbmmd
8.1. Gbmmd as an independent Arbitrator. If any User has a dispute with Gbmd regarding a transaction on the Site, such User agrees to submit the dispute to Gbmmd as an arbitrator for a final and binding decision. In order to allow Gbmd to conduct investigations fairly and reasonably, Users agree to refrain from applying to third-party arbitration while the order is still open or under consideration. Users who apply for the intervention of a third party (with the exception of state investigative bodies) will be considered as interfering in the investigation process and trying to impose a decision in their favor. Gb md reserves the right to suspend or permanently ban Users who attempt to interfere with the standard operating procedures for orders that are still active or pending.
9. Disclaimer of Warranties; Limitation of Liability
9.1. THE FUNCTIONS AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND GBMMD HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, OBLIGATIONS AND CONDITIONS ARE HEREBY EXCLUDED.
9.2. GBMMD MAKES A STATEMENT AND GUARANTEES THE RELIABILITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR RELEVANCE OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. GBMMD DECLARES AND GUARANTEES THAT THE PRODUCTION, IMPORT, DISTRIBUTION, OFFER, DEMONSTRATION, SALE, DOES NOT VIOLATE ANY RIGHTS OF THIRD PARTIES; AND GBMMD MAKES REPRESENTATIONS AND GUARANTEES OF ANY KIND WITH RESPECT TO ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
9.3. Any materials uploaded or otherwise obtained through the Site are performed at the sole discretion and risk of each User, and each User is fully responsible for any damage to his computer system or loss of data that may arise as a result of downloading any such material. No advice or information, oral or written, received by any User from Gbmmd or through the Site or from the Site, does not create any guarantees not expressly stated in this document.
9.4. Force majeure circumstances. Under no circumstances will Gbmmd be liable for any delays, failures or disruptions in the operation of the content or services provided through the Site, directly or indirectly caused by natural disasters, forces or causes beyond its reasonable control, including, but not limited to, failures in the operation of the Internet, computers, telecommunications or any other equipment, power failures, strikes, labor disputes, riots, riots, civil unrest, shortages of labor or materials, fires, floods, storms, explosions, Natural disasters, wars, actions of the government, decisions of national or foreign courts or tribunals, or non-compliance by third parties.
9.5. Each User hereby agrees to reimburse and protect Gbmmd, its branches, directors, officers and employees from any losses, claims, obligations (including legal costs based on full compensation) that may arise, directly or indirectly:
From the use of the Site by such a User, including, but not limited to the display of such User's information on the Site;
From violation by such User of any of the terms and conditions of this Agreement; From violation by such User of any statements and guarantees made by the Gbmmd User;
As a result of any claims made by Third-party rights Claimants or other third parties regarding the products offered or displayed on the Site.
9.6. Gbmmd and its subsidiaries, directors, officers and employees are not liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including, but not limited to damages for lost profits or savings, business interruption, loss of information), whether as a result of contract, negligence, tort, strict liability or otherwise, or any other damages resulting from any of the following actions:
Use or inability to use the Site;
Any defect in the goods, samples, data, information or services purchased or received from the User or a third-party service provider through the Site;
Any claims or claims according to which the production, import, distribution, offer, demonstration, purchase and/or use by the User of products or services offered or displayed on the Site may violate or may be claimed as violating the Rights of Third Parties; or claims by any party that they are entitled to protection or compensation for damages in connection with claims of rights, claims or claims of Third Parties claiming rights;
Statements, behavior or materials posted by Users of the Site, including defamatory, offensive or illegal materials; or Any other questions regarding the Site.
9.7. The right to protection and control. Gbmmd reserves the right, at its own expense, to assume exclusive protection and control over any matter otherwise subject to compensation by you, in which case you must cooperate with Gbmmd in defending any available remedies.
9.8. Gbmmd reserves the right to restrict, prohibit or create other access to the Site and its functions in relation to different Users, as well as to change any functions or introduce new functions without prior notice. Each User acknowledges that the inability to use the Site in whole or in part for any reason may have a negative impact on his business. Each User hereby agrees that in no event will Gbmmd or any of its affiliates, directors, officers or employees be liable to the User or any third parties for any inability to use the Site (whether due to failure, restricted access, changes or termination of any functions on the Site or otherwise).
9.9. Third-Party Content. Gbmmd is not the author of third-party Content, regardless of whether it is provided by anonymous users or paid content providers. Neither Gbmmd nor any of its affiliates, directors, officers or employees have entered into any agency relationship with such third parties due to the fact that we post Third-Party Content on the Site. The responsibility for any Third-party Content is solely borne by the party that provided this content. Neither Gbmmd nor any of its affiliates, directors, officers or employees is responsible for the accuracy, correctness, legality or truthfulness of any Third-Party Content and is not responsible to any User in connection with the fact that such a User relies on such Third-Party Content. In addition, neither Gbmmd nor any of its affiliates, directors, officers or employees are responsible for the behavior of any User on the Site and are not liable to any person in connection with any damage suffered by any person as a result of such User behavior.
9.10. Third-Party Websites. Gbmmd may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of a verbal link, banners, channels or otherwise) to the website of such Third Party. The User acknowledges that Gbmmd does not control such third-party websites, does not control such websites, and neither Gbmmd nor any of its affiliates, directors, officers or employees are responsible or liable to anyone for such a website or any content, products or services available on such a website. The user is advised to read the terms and conditions of such websites and the privacy policy before using such third-party websites in order to be aware of the terms and conditions of your use of such websites.
9.11. Regardless of the previous provisions, if it is established that Gbmmd is liable, its liability is limited to an amount exceeding a) the amount of a specific disputed transaction, b) the amount of disputed fees that does not exceed the total amount of fees that the User paid to Gbmmd 12 months before the action that caused liability, or c) 100 euros.
10. Gbmmd Intellectual Property Rights
10.1. General provisions. Gbmmd is the sole owner or legal licensee of all rights to the Gbmmd Website and Content. The Gbmmd website and content contain trade secrets and intellectual property rights protected by worldwide copyright and other laws. All ownership, proprietary rights and intellectual property rights in the Gbmmd Website and Content remain with Gbmmd, its affiliates or the licensors of the Gbmmd Content, as appropriate. All rights not otherwise claimed under this Agreement or by Gbmmd are hereby reserved.
10.2. Trademarks and Service Marks. "Gbmmd" and its associated icons and logos are registered trademarks or trademarks or service marks of Gbmmd in various jurisdictions and are protected by applicable copyright, trademark and other proprietary rights laws. Unauthorized copying, modification, use or publication of these marks is strictly prohibited.
11. SECURITY
11.1. You are responsible for maintaining the confidentiality and security of your Account and password and assume responsibility for all actions that occur under your Account or password. You must immediately notify Gbmmd if the security of your login or password has been violated or compromised.
11.2. You are also responsible for maintaining proper security and control over any identification numbers and any other codes that you use to access your Account.
11.3. You agree not to hold Gbmmd liable for any losses resulting from or in any way related to your failure to properly protect and keep confidential your account information, email address, any password and any other identification numbers/codes used in connection with your Account.
11.4. Gbmmd assumes no responsibility whatsoever for any damage or failures caused by any computer viruses, spyware, scarecrow programs, Trojan horses, worms or other malicious programs that may affect your Account, computer or other equipment, or any phishing, spoofing or other attack.
11.5. Gbmmd does not guarantee the confidentiality or confidentiality of any messages or information transmitted on the Site or any site associated with the Site. Gbmmd is not responsible for the confidentiality or security of information, email addresses, registration and identification information, disk space, means of communication, confidential or private information or any other content transmitted over networks accessible through the Site, or otherwise related to your use of the Site.
12. Notification of users.
All notifications or requirements to the User or to the User come into force if they are sent by e-mail to the last known e-mail address specified by the Gbmmd User, or by posting such a notification or requirement in the public area of the Site, available free of charge. The User's notification is considered to have been received by such a User if and when:
Gbmmd can demonstrate that the message, whether in physical or electronic form, was sent to such a User; or
Immediately after Gbmmd places such a notification in the public area of the Site, available for free.
13. Legal disputes
13.1. You and Gbmmd agree that any claims or disputes under law or equity that have arisen or may arise between us, relating to or arising in any way from this or previous versions of the Agreement, your use or access to the Site, Services or any products or services sold or purchased through the Sites, services, applications or tools, will be resolved in accordance with the provisions set out in this Section of Legal Disputes. Please read this section carefully. This affects your rights and will have a significant impact on how the claims that you and Gbmmd make to each other will be resolved.
13.2. Applicable law. You agree that, without regard to the principles of conflict of laws, this Agreement and any claims or disputes that have arisen or may arise between you and Gbmmd will be governed, unless otherwise specified in the User Agreement.
13.3. Agreement on negotiations and arbitration. In the event of any dispute, claim, issue or disagreement arising out of or related to this agreement or its violation, the parties to this Agreement must make every effort to resolve the dispute, claim, issue or disagreement. To this end, they should consult and negotiate with each other in good faith and, recognizing their mutual interests, try to reach a fair and equitable solution that satisfies both sides. If they do not reach such a decision within 60 days, then, upon notification of one of the parties to the other, all disputes, claims, issues or disagreements will be finally settled by arbitration acting in accordance with its rules.
13.4. Prohibition of Class and Representative actions and Non-individualized assistance. YOU AND GBMMD AGREE THAT EACH OF US MAY MAKE CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY ALLEGED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS YOU AND GBMMD AGREE OTHERWISE, THE ARBITRATOR MAY NOT COMBINE OR COMBINE THE CLAIMS OF MORE THAN ONE PERSON OR PARTY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF COMBINED, REPRESENTATIVE OR COLLECTIVE PROCEEDINGS. IN ADDITION, THE ARBITRATOR MAY DECIDE TO RELEASE FROM LIABILITY (INCLUDING MONETARY, JUDICIAL AND DECLARATORY PROTECTION) ONLY IN FAVOR OF THE INDIVIDUAL PARTY APPLYING FOR PROTECTION, AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE PROTECTION NECESSARY IN ACCORDANCE WITH THE INDIVIDUAL CLAIM(S) THIS SIDE. ANY ASSISTANCE PROVIDED CANNOT AFFECT OTHER USERS OF THE SITE.
13.5. Consent to the Jurisdiction. If it is determined that the above Arbitration Agreement does not apply to you or to a specific claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Gbmmd must be resolved exclusively by a competent court. You and Gbmmd agree to submit to the personal and exclusive jurisdiction of the courts in order to resolve all such claims or disputes.
14. Miscellaneous
14.1. This Agreement, the Site's Privacy Policy and all policies posted on the Site constitute the entire agreement between the User and Gbmmd regarding access and use of the Site, replacing any previous written or oral agreements regarding the same subject matter of this document.
14.2. Gbmmd and the User are independent contractors, and no agency, partnership, joint venture, employee–employer or franchisor–franchisee relationship is intended or created by this Agreement.
14.3. Failure or non-performance by Gbmmd of any right or provision of the terms of this Agreement does not constitute a waiver of such right or provision.
14.4. If any provision of this Agreement is declared invalid or unenforceable, such provision will be excluded and will not affect the validity and applicability of the remaining provisions of this Agreement.
14.5. The User agrees that there should be no third parties-beneficiaries in this agreement.
14.6. The headings are intended for reference purposes only and do not in any way define, limit, interpret or describe the scope or scope of such a section.