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Germanium Website Terms of Use

Updated 05 June, 2009

The Germanium website (“Site”) is owned and operated by G Element Pte Ltd of Singapore ( “G Element").

By accessing the Site, you unconditionally accept to be legally bound by the terms of use (“Terms”) for the Site. If you do not agree to these Terms, please do not use the Site.

G Element reserves the right to make changes to the Terms from time to time. You are encouraged to review the Terms as posted on the Site from time to time. You understand and agree that if you use the Site after the date on which the Terms have changed, you are deemed to have accepted the updated Terms.

1.

Site Use and Rights

G Element grants you, at no charge, a limited, worldwide, royalty-free, non-exclusive, and non-transferable license to access and use the Site, through a web browser, subject to the Terms as set forth herein.

Unless otherwise specified and explicitly consented by G Element in writing, you may not :
(i)   copy, reproduce, republished, repackage or otherwise distribute the contents of the Site in any way, for any purpose, in part or in whole;
(ii)  employ the use of robots, spiders, or other programs to monitor or copy pages within the Site
(iii) interfere or disrupt or overload G Element servers or networks connected to G Element services

G Element reserves the right to :
(i)   update or modify this website from time to time.
(ii)  deny or restrict access to this website to any particular person, or to block access from a particular Internet address to this website, at any time, without providing any reasons whatsoever.
(iii) disable any inappropriate links and disclaims all responsibility for ensuring the availability of such linked pages from any website.

2.

Hyperlinks

You may hyperlink from a third-party website to any published web pages on the Site, provided the third-party website permits you to do so and the third-party website does not contain any objectionable, defamatory, infringing, obscene or unlawful content. In performing the hyperlinking action, you are deemed to have accepted the Terms of the Site and hence, shall be solely responsible for any consequences that may arise as a result of the hyperlinking action.

The Site may contain hyperlinks to web sites that are neither maintained nor controlled by G Element. G Element shall not be responsible for the content or proper functioning of such hyperlinks or the hyperlinked sites, and shall not be liable for any damages or loss arising from access to those websites. Use of the hyperlinks and access to such hyperlinked websites are entirely at your own risk.

3.

Content Rights

The information, images, logos, sounds, software, data and materials of the Site (“Content”) are protected by the patent, copyright and other intellectual property laws of Singapore and international treaty provisions. Title, ownership, rights, and intellectual property rights in and to the Content shall remain that of G Element and its licensors.

4.

User Accounts

To access certain Site services, you will need to register for a user account. You agree to provide accurate, up-to-date and complete information about yourself during registration and to maintain and update such information to keep it accurate , up-to-date and complete.

You agree to keep your account password secure and confidential. You agree to be fully responsible for all activities that take place through the use of your account, until you notify G Element of an account breach (accounts @ germanium3d.com).

G Element reserves the right to automatically terminate any account that has not been accessed at all, for longer than 120 days. You acknowledge and agree that G Element may send your important information and services by your registered e-mail address or through other means.

5.

User Content

You are solely responsible for any content you post, upload, share or otherwise make available on the site.

You agree not to post, upload or otherwise make available :

(i) any content or messages that are threatening, embarrassing, harmful, destructive, hateful, invasive of privacy, personally sensitive, non-permitted, racially or ethnically insulting, illegal, pornographic or otherwise objectionable.

(ii) any unsolicited offers, advertising, proposals, chain letters, spam or other junk messages;

G Element does not claim ownership nor copyright on the content that you post, upload, share or make available on the site.

By posting content to any part of the Site, you automatically grant G Element an irrevocable, perpetual, transferable, free, non-exclusive, worldwide license to use, archive, copy, publicly exhibit, reformat, translate, excerpt and distribute such User Content for any purpose in connection with the Site.

You confirm and warrant to G Element that you have all the rights and authority required to grant the above rights and licenses.

G Element reserves the right to:

(i) remove, without notice and irrecoverably, any content that it deems to violate the site terms of use.

(ii) terminate your account for any violation of the site terms of use.

G Element has no obligation to recover, store, maintain or provide you a copy of any content that you or other users have made available in using the Site.

6.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. G ELEMENT HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SITE AND THAT THE SITE IS BEING PROVIDED TO YOU 'AS IS' AND ‘AS AVAILABLE’ WITHOUT WARRANTY OF ANY KIND. G ELEMENT DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES ON ACCURACY, RELIABILITY, NON-DEFECTIVENESS, SAFETY FROM VIRUSES, CURRENCY, NON-FRINGEMENT OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7.

Limitation of Liability

IN NO EVENT WILL G ELEMENT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ERRORS OR OMISSIONS FOUND IN THE SITE, EVEN IF G ELEMENT OR THEIR AUTHORIZED REPRESENTATIVE(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN ADDITION, G ELEMENT WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM.

8.

General Provisions

You agree that the inaction by G Element to enforce any of the Terms shall not be construed as a waiver of its rights preventing subsequent enforcement of such provision or recovery or damages for breach thereof.

If any provision of the Terms is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.

The Terms will be governed by the laws of Singapore. In the event of a dispute or legal action between the parties, you agree to waive any objections to personal jurisdiction, and agree to service of process and exclusive venue in the Courts of Singapore.

You agree that this is the entire agreement between you and G ELEMENT, which supersedes any prior agreement, whether written or oral, and all other communications between G ELEMENT and you relating to the subject matter of this Agreement.

All rights not expressly granted in the Terms are reserved by G ELEMENT.

Terms and conditions may change from time to time. You are encouraged to review the Terms as posted on germanium3d.com from time to time. G Element may provide you with notices by email, regular mail or postings on germanium3d.com.