GEMALTO INC. (“GEMALTO”, “WE” OR “US”) INTERNET WEB SITE TERMS OF USE

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND GEMALTO AND GOVERN YOUR ACCESS TO, AND USE OF, THE GEMALTO WEBSITE LOCATED AT THE URL: WWW.JUSTASKGEMALTO.COM, TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.

BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THE PRIVACY POLICY, AND AGREE TO BE BOUND BY ALL OF THEM, AS EACH MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY GEMALTO IN ACCORDANCE WITH THE TERMS.

THIS SITE IS INTENDED FOR ADULT USE ONLY, AND WE DO NOT KNOWINGLY COLLECT ANY PERSONALLY IDENTIFIABLE INFORMATION FROM ANYONE UNDER THE AGE OF 18.

General Use Restrictions
Gemalto provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) that are not Submissions (as defined below) are provided to you by Gemalto and are the copyrighted and/or trademarked work of Gemalto or Gemalto’s contributors.

Privacy Policy
Your use of this Site is governed by the Gemalto Privacy Policy, which is available here.

Your Responsibility

The site provides a comment platform that allows you to provide real-time comments and questions and to engage in a conversation through messages posted via the use of the services provided by the company Disqus, Inc.,. Consequently, You acknowledge that you are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”) and through the services available in connection with this Site, and that you, and not Gemalto, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the Gemalto Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. By posting Submission on the Site, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Gemalto a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Submission and your name, voice, and/or likeness as contained in your Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and Gemalto’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your Submission through the Site, and to use, reproduce, distribute, display and perform such Submission as permitted through the functionality of the Site and under these Terms.

You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the ownership to Gemalto set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
• Post anything that exploits children or minors or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Alter the opinions or comments posted by others on this Site.

This list of prohibitions provides examples and is not complete or exclusive. Gemalto reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Gemalto determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. Gemalto may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Gemalto’s discretion, Gemalto will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

These prohibitions do not require Gemalto to monitor, police or remove any Submissions or other information submitted by you or any other user.

Proprietary Rights
Gemalto is a trademark of Gemalto. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Gemalto. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

 

Indemnification

You agree to indemnify and hold harmless Gemalto, its affiliates and subsidiaries, and all of their managers, members, directors, officers, agents, employees, suppliers, vendors, licensors, business partners and service providers from any claims, judgments, liability, and expenses, including reasonable attorneys fees, whether in tort, in contract or otherwise, that it or any of them may incur by reason of or arising out of any claim, including claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party relating to your breach of these Terms, the Privacy Policy or use of this Site.
Disclaimer of Warranties
Your use of this Site and/or the services is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by Gemalto, and they may include inaccuracies or typographical or other errors. Gemalto does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site. Gemalto has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by Gemalto or our licensors.

GEMALTO, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GEMALTO DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
GEMALTO SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL GEMALTO BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF GEMALTO KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Changes 
Gemalto reserves the right, at our sole discretion, to change, modify, add or remove any portion of this Site or these Terms, in whole or in part, at any time. Changes may be made without notification thereof and will be effective when posted. Your continued use of the Site after any changes are posted will be considered acceptance of those changes. Gemalto shall not be liable in any way for possible consequences of any such changes.

Gemalto may also terminate, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time. Gemalto may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Governing Law and Jurisdiction
This Site is controlled by the company Gemalto SA in France. Accessing the Site from the U.S. You agree that: (i) the Site shall be deemed solely based in Texas; and (ii) the Site shall be deemed a passive one that does not give rise to personal jurisdiction over Gemalto, either specific or general, in jurisdictions other than Texas. These Terms shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Travis County, State of Texas for all such disputes, and acknowledge that you do so voluntarily. To the fullest extent permitted by applicable law, case brought in connection with a dispute arising under these Terms and the Privacy Policy shall be joined to a case involving any other party subject to these Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site, these Terms or the Privacy Policy, must be brought within one (1) year after such claim or cause of action arises.

Termination
Gemalto reserves the right, in its sole discretion, to terminate or suspend access, or ability to use the Site at any time without notice. Upon such termination, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately (a) discontinue use of the applicable Site(s) and (b) discontinue use of and destroy or return to Gemalto any Gemalto materials (unless otherwise agreed to in writing by Gemalto). Notwithstanding the foregoing, any provisions of these Terms or the Privacy Policy expressly identified or that would by their nature survive such termination shall so survive.

General
Gemalto’s failure to enforce any of these Terms or the Privacy Policy is not a waiver of such term. These Terms and the Privacy Policy are the entire agreement between you and Gemalto and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Gemalto about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. If any provision of these Terms or the Privacy Policy shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

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