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GEM SHOPPING NETWORK PRODUCT REVIEW SUBMISSION TERMS & CONDITIONS .

Terms of Submission of Customer Testimonials, Photographs and Stories

IMPORTANT – These Terms of Submission, together with the GEMSHOPPING.COM Terms of Use and Privacy Policy and Copyright Policy, constitute the entire agreement (the “Agreement”) between the individual or company (as applicable) executing this Agreement (“you”) and Gem Shopping Network, Inc. (together with its affiliates, “GSN,” “we” or “us”) with respect to the customer content submission process (the “Submission Process”)provided by GSN on this web site and supersedes all prior or contemporaneous communications and proposals between the parties with respect to the Submission Process.  To the extent of any conflict between GSN’s Terms of Use and Privacy Policy and these Terms of Submission, these Terms of Submission shall control with respect to the Submission.  It is essential that you read these terms and the Terms of Use and Privacy Policy and Copyright Policy carefully before clicking on the “I AGREE”. If you chose not to agree we will not accept any submissions from you.   

By using the Submission process, clicking on the “I AGREE” button or otherwise submitting any videos, photography, materials or other content via the Submission process, you acknowledge that you have read these terms, the GEMSHOPPING.COM Terms of Use and Privacy Policy and Copyright Policy and that you understand and agree to be bound by the terms of this Agreement.  If you do not agree to the terms and conditions of this Agreement, do not utilize the Submission Process or submit any content or photographs through the Submission Process or through any other means to Gem Shopping Network.  If you do not agree with the terms and conditions of this Agreement and you mistakenly click the “I AGREE” button, promptly notify GSN at (888) 391-2315 immediately.  For your convenience and your records, GSN suggests that you print and retain or save a copy of this Agreement.

By submitting any photography, reviews, testimonials or other content or materials (collectively, “User Content”)  to GSN, you are granting us the non-exclusive royalty-free irrevocable right, in our sole discretion, to use, reproduce, copy, publish, display, distribute, perform, translate, sublicense (including, without limitation, to other users of the Submission Process or the GSN website), adapt, alter, modify, create derivative works from and otherwise exploit the User Content (in whole or in part) and to incorporate the User Content in other works, in any and all markets and media (including, without limitation, any online or broadcast media), whether now known or hereafter developed, throughout the universe in perpetuity for both noncommercial and commercial purposes.  You further agree that we may use your name and, if provided, your location in publicity or advertising in connection with the User Content without compensation.

You represent and warrant to GSN as follows: (i) you have the sole and exclusive right to grant the foregoing rights to us; (ii) you have obtained appropriate, written releases from any and all recognizable persons appearing in the User Content and from any and all persons who provided art work or any other material appearing in the User Content; (iii) GSN’s and its sublicensees’ copying, publishing, displaying or other exploitation of the content will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, privacy or publicity rights anywhere in the world; (iv) you waive your rights to attribution, integrity, or any other moral right in the content in connection with GSN’s and its sublicensees’ use of the User Content as described herein; and (iv) you are at least 18 years of age.

You further agree that you will not submit any User Content that:

- You know is false, inaccurate or misleading;
- Infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- Includes any information that references other websites, addresses, email addresses, contact information or phone numbers; orI
- Contains any computer viruses, worms or other potentially damaging computer programs or files.

All User Content you submit may be used at GSN’s sole discretion and for commercial purposes.  We review submissions of User Content, but we do not assume responsibility for the contents of any submission. We cannot publish all content entries submitted. The choice of which submissions are selected is at the sole discretion of GSN and cannot be disputed.  We have no obligation to copy, publish, display or otherwise exploit the content, nor shall we be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of User Content, or any distortion, illusionary effect, alteration or use in a composite form of the User Content.

For our international users, please be aware that the information you submit when registering for our Submission Process is collected in the United States of America. In addition to being subject to our Terms of Use and Privacy Policy, the collection, storage, and use of your data will be subject to U.S. laws and regulations, which may be different from the laws and regulations of your home country. By submitting content or photos through the Submission Process, you are consenting to this collection, storage, and use.

You agree to defend, indemnify and hold harmless GSN and its directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site, the Submission Process or arising from or in connection with the User Content you submit. In no event will GSN, its parent or affiliated companies, or their respective directors, officers, employees and agents be liable for any damages, claims or injuries, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, or personal or bodily injuries, arising from or in connection with your creation of, submission to GSN or GSN’s or its sublicensees’ use of the User Content.

We reserve the right to modify or discontinue the Submission Process, and any terms or conditions of the Submission Process, at any time and in our sole discretion. Any modifications of these terms and conditions will be available at this website. Your continued submission of User Content through the Submission Process constitutes your acceptance of and agreement to be bound by such new terms and conditions. Any modification is effective immediately for all submission of User Content made after the time of such modification. If any modification to this Agreement is unacceptable to you, you may immediately terminate the submission by not clicking on the “I Agree” button.

Any notices we provide to you in connection with the submission of User Content shall be directed at the email address you provide in connection with your registration, which you may update from time to time by accessing your account.  This Agreement shall be construed in accordance with the laws of the State of Georgia without regard to its conflicts of law principles. All disputes under this Agreement shall be resolved as set forth in the Terms of Use and Privacy Policy.

IF YOU AGREE TO THE ABOVE TERMS AND THE TERMS OF USE AND PRIVACY POLICY, PLEASE ENTER YOUR NAME AND INFORMATION AND CLICK “I AGREE.”  BY CLICKING “I AGREE,” YOU ACKNOWLEDGE THAT YOU ARE ENTERING INTO THE AGREEMENT WITH GSN.  IF YOU DO NOT AGREE, DO NOT CLICK THE “I AGREE’ BUTTON.  CLICKING “I AGREE” ABOVE AND IN CONNECTION WITH ANY OTHER SUBMISSION MADE THROUGH THE SUBMISSION PROCESS (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT) WILL BE DEEMED TO BE YOUR SECURE ELECTRONIC SIGNATURE UNDER THE GEORGIA ELECTRONIC RECORDS AND SIGNATURE ACT AND ANY OTHER APPLICABLE FEDERAL, STATE OR LOCAL LAW, RULE, REGULATION OR ORDINANCE.

Gem Shopping Network Inc., 3259 Duluth Hwy 120, Duluth, GA 30096.