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Terms of Use

Welcome Gemster!

In these Terms of use, you can find more about the how and the what of the use of Gems. There are a few conditions to make the use of the app as smooth as possible. Are you using the Gems app, you agree with these terms. Read them well!

Furthermore, Gems is a community and therefore, we have community guidelines. Using the service, you also agree to commit to those community guidelines.

We also respect the privacy of our users and we do everything in our power to protect your personal data. For more information on data protection please check our privacy and/or our cookie statement.

The Gems app

Are you always on the lookout for exclusive venues? Willing to walk an extra block for that perfect location? Longing to be away from the masses? Gems helps you to discover and do what you like. By sharing your favorite hotspots via the Gems app, you create a personal travel diary, which you can share with friends. By using the Gems app or by making a Gems account, you are agreeing to be bound by the following Terms of use (’terms’).

Are you a company using the app for reservation or other commercial purposes, find more information in the B2B terms for Suppliers.

1. The Gems app and service

Via the mobile app you can share content, including photos, comments and other materials (‘Gems’), browse for travel ideas, tag other persons, post comments and more relating to your favorite hotspots and unique experiences. In these terms we refer to ‘you’, or to ‘user’. This all combined will called hereafter the ‘Service’ or the ‘Gems app’).

2. The use of the Gems app
  • You must be 13 years or older to use the Gems app. Or, when living in the EEA, you may use Gems if you are over the age at which you can provide consent to data processing under the laws of your country.
  • When creating an user account, please make sure you provide us with accurate and complete information.
  • Subject to these Terms and the Community terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
3. Your Gems

Posting Gems
You may post content, including photos, comments, links, and other materials on the Gems app. Anything that you post or otherwise make available via the Gems app is referred to as “Gems.” You retain all rights in the Gems you post via the Gems app. This also means that you are solely responsible for anything you post. Read more in our Copyright policy.

How your Gems can be used
Depending on your privacy settings, your Gems will be visible to and available for re-posting for other Gemsters and/or followers.

Shared content
When you post Gems, you give us permission to use it to provide and improve the Gems app. Copies of Gems shared with others may remain even after you delete the Gems from your account. When you shared Gems with other Gemsters, they can still (re-)post, store or display the Gems you have shared with them.

4. Intellectual property rights
  • Your license to use the Service. You may use the Service and we grant you a limited, non-exclusive, non-transferable, and revocable license to use it, as long as you use it in accordance with these Terms and the Community guidelines. You may not transfer, sell or sublicense the Service to anyone. Also, you will also refrain from modification, translation, creation of derivative works of, reverse engineering, or otherwise exploiting the Service or any aspect thereof.
  • Our license for us and other Gemsters to use your Gems. You grant us and other Gemsters a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your Gems on the Gems app solely for the purposes of operating, developing, providing, and using the Service. As explained under 3.c, shared Gems continue to fall under the license, also when you stop using the Service.
    We have the right to remove or modify Gems for any reason, including Gems that violates these Terms, the Community guidelines or other policies.
  • You only share Gems that do not infringe intellectual property of others. Read more in our Copyright policy.
5. Security

We care about the security of our Service and our users and we take technical and organizational measures to protect the Service. We ask you to keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.

6. Third party links, sites and services

The Gems app may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Gems. We are not responsible for any such third party sites, information, materials, products, or services. Using links is at your own risk and we cannot held liable for the use of such links and/or access to third party sites, information, materials, products or services.

7. Termination

We may terminate or suspend your access to the Gems app in case of breach of these Terms (including the community guidelines and/or other policies).

8. Responsibility and liability
  • We do our best to have the Service full of relevant gems. However, we cannot guarantee all Gems are suitable for all eyes. Please report it to us when you spot inappropriate content. We take no responsibility and assume no liability for Gems that were posted on or send via the Gems app. For more information see our Community guidelines or our Copyright policy in case you want to file a claim for a intellectual property infringement.
  • The above does not exclude or limit our liability for death, personal injury or fraudulent representation resulting from our negligence. Nor does it exclude or limit our liability for other matters if not permitted by law.
9. In case of a complaint or conflict
  • All customers. Is there a complaint or conflict which we really can’t sort out? Then you have protection under the laws of the country where you live and access to the courts in that country.
  • For EEA consumers. If you have discussed your complaint with us or the Supplier, but would like to submit your complaint to a governmental body, you can (if you are a consumer in the EEA) contact the European Online Dispute Resolution (ODR) platform: /odr/.
10. Changes

We might change these terms from time to time. Please keep up to date. We always provide the latest version via the Service.

11. About us

We are Gems! Also known as SYS B.V. Our address:
Nicolaas Maesstraat 134, 1071RH, Amsterdam

Registered at the Dutch Chamber of Commerce under the number 76739597

Version October 2021