TERM OF USE
Version 1.0

The mygems.apps website located at https://www.mygems.apps is a copyrighted work belonging to
mygems.apps. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be
posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated
by reference into these Terms. These Terms of Use described the legally binding terms and conditions that oversee your
use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the
authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU
DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE. These terms require the use of
arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the
event of a dispute.

ACCESS TO THE SITE
Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the
Site solely for your own personal, noncommercial use. Certain Restrictions. The rights approved to you in these Terms
are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or
otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse
compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or
competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise
indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.
All copyright and other proprietary notices on the Site must be retained on all copies thereof. Company reserves the
right to change, suspend, or cease the Site with or without notice to you. You approved that Company will not be held
liable to you or any third-party for any change, interruption, or termination of the Site or any part. No Support or
Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including
copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s
suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any
intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers
reserve all rights not granted in these Terms.

THIRD-PARTY LINKS & ADS; OTHER USERS
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements
for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for
any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and
does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links &
Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion
in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies
apply, including the third party’s privacy and data gathering practices. Other Users. Each Site user is solely
responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree
that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not
be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you
and any Site user, we are under no obligation to become involved. You hereby release and forever discharge the Company
and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past,
present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of
every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly
to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with
the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to
exist in his or her favor at the time of executing the release, which if known by him or her must have materially
affected his or her settlement with the debtor."

DISCLAIMERS
The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and
all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or
conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.
We and our suppliers make not guarantee that the site will meet your requirements, will be available on an
uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful
code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties
are limited in duration to ninety (90) days from the date of first use. Some jurisdictions do not allow the exclusion of
implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long
an implied warranty lasts, so the above limitation may not apply to you.

LIMITATION ON LIABILITY
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party
for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary,
incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use
the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your
own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of
data resulting therefrom. To the maximum extent permitted by law, notwithstanding anything to the contrary contained
herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to
a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree
that our suppliers will have no liability of any kind arising from or relating to this agreement. Some jurisdictions do
not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or
exclusion may not apply to you. Term and Termination. Subject to this Section, these Terms will remain in full force and
effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our
sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under
these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any
termination of your Account may involve deletion of your User Content associated with your Account from our live
databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms.
Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect:
Sections 2 through 2.5, Section 3 and Sections 4 through 10.

COPYRIGHT POLICY.
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our
Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing
materials and for the termination of users of our online Site who are repeated infringers of intellectual property
rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully
infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following
information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated
Copyright Agent:

your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright
owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the
owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright
owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification
automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in
connection with the written notification and allegation of copyright infringement.

GENERAL
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you
an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site.
You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address
that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute
effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest
of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following
our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site.
Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and
agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration
Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for
MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Applicability of Arbitration Agreement. All claims and disputes
in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved
informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of
this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This
Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees,
predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of
services or goods provided under the Terms. Notice Requirement and Informal Dispute Resolution. Before either party may
seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and
basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Thai Nguyen,
Vietnam. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If
you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either
party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to
the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established
alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to
arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all
aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration
Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration
shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is
less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at
the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten
Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any
hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States,
and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties
reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator
may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the
last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the
greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration
and shall pay an equal share of the fees and costs of the ADR Provider. Additional Rules for Non-Appearance Based
Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online
and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.
The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the
parties. Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or
demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and
the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.
The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall
have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual
under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision
describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to
award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and
binding upon you and the Company. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY
RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes
shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited,
more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In
the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or
enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that
the dispute be resolved by a judge. Waiver of Class or Consolidated Actions. All claims and disputes within the scope of
this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims
of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other
customer or user. Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties
agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from
submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to
seek injunctive or equitable relief. Severability. If any part or parts of this Arbitration Agreement are found under
the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be
of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the
party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration
Agreement. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with
Company. Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in
small claims court. Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief
before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures
shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. Claims Not Subject to
Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and
infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject
to this Arbitration Agreement. In any circumstances where the foregoing Arbitration Agreement permits the parties to
litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within
Netherlands County, California, for such purposes. The Site may be subject to U.S. export control laws and may be
subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or
indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the
United States export laws or regulations. Company is located at the address in Section 10.8. If you are a California
resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the
California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by
telephone at (800) 952-5210. Electronic Communications. The communications between you and Company use electronic means,
whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via
email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b)
agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to
you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy
writing. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our
failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or
provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word
"including" means "including without limitation". If any provision of these Terms is held to be invalid or
unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be
deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company
is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your
rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without
Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the
foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these
Terms shall be binding upon assignees. Your Privacy. Please read our Privacy Policy. Copyright/Trademark Information.
Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the
property of other third-parties. You are not permitted to use these Marks without our prior written consent or the
consent of such third party which may own the Marks.

Contact Information
Address: Thai Nguyen, Vietnam

Email: [email protected]