Terms and Conditions of the use of the Website
The following terms and conditions (the “Terms and Conditions”) govern your use of the www.gcs-international.com website (the “Website”) and any of the content available through or by this Website, including any content derived from it. GCS Systems, Ltd. (“GCS” or “we”) is the company that has placed the Website at your disposal. These Terms and Conditions of Use may be modified at any time without notice, only by publishing the changes on the Website. By using the Website, you accept and agree to these Terms and Conditions in regard to your use of the website. If you do not agree with the Terms and Conditions, you cannot access it or use the Website in any other way.
- Property Rights. GCS Systems, Ltd. any subsidiary, branch or company that belongs to its business group, is the sole and exclusive owner of the rights to the titles, contents, codes, data and materials of the same, the appearance and the environment, the design and the organization of the Website, the compilation of the contents, codes, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual properties, patrimonial rights thereof, and in general of the entire Website. The use of the Website does not give you ownership of any of the contents, codes, data or materials that you may access on or through the Website.
- Limited License. You may (i) access and view the content of the Website from your computer or from any other device and, unless otherwise stated in these Terms and Conditions or on the Website, and (ii) make copies or individual impressions of the content of the Website for your personal, internal use only. Derived from the foregoing, the use of the Website and the services offered on or through the Website, are only for your personal, non-commercial use.
- Prohibited use. Any distribution, publication or commercial or promotional exploitation of the Website, or any of the contents, codes, data or materials on the Website, is strictly prohibited, unless you have received prior express written permission from authorized personnel of GCS. Unless it is expressly allowed in this contract, you cannot download, inform, expose, publish, copy, reproduce, distribute, transmit, modify, execute, disseminate, transfer, create derivative works of, sell or in any other way exploit any of the contents, codes, data or materials on or available through the Website. You further agree not to alter, edit, delete, remove, or otherwise change the meaning or appearance of, or change the purpose of, any of the content, codes, data or materials on or available through the Website. , including, without limitation, the alteration or removal of any trademark, registered trademark, logo, service mark or any other property content or notification of property rights. You acknowledge that you do not acquire any property rights by downloading any copyrighted material from or through the Website. If you make any other use of the Website, or of the contents, codes, data or materials found there or that are available through the Website, unless you have been previously stipulated, you may violate the copyright laws and other laws of the Dominican Republic and other countries and may be subject to legal liability for such unauthorized use.
- Trademards. The trademarks displayed on the Website or in the contents available through the Website are owned and belong to GCS, and may not be used with respect to products and/or services that are not related, associated or sponsored by their right holders and that may cause confusion to customers, or in some way that denigrates or discredits their rights holders. All trademards that are not GCS that appear on the Website or in or through the services of the Website, if any, are the property of their respective owners. Nothing contained in the Website shall be construed as granting, by implication, dismissal, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of GCS or third parties that may own said Trademark. The misuse of the Trademarks displayed on the Website or in or through any of the services of the Website is strictly prohibited.
- User’s Prohibited Conduct. You warrant and agree that, while using the Website and the various services and articles offered on or through the Website, you will not: (a) personalize any person or entity or distort your affiliation with any other person or entity; (b) insert your own ad, brand positioning or any other promotional content or that of a third party in any of the contents, materials or services or materials of the Website, or use, redistribute, republish or exploit such content or services with any another additional commercial or promotional purpose; nor (c) attempt to gain unauthorized access to other computer systems through the Website. You will not: (i) participate in browsing the network, in collecting email addresses, wireless addresses or other personal or contact information, or any other automatic means of obtaining user lists or other information from or through the Website or of the services offered on or through the Website, including, without limitation, any information found on any server or database related to the Website or the services offered on or through the Website; (ii) obtain or attempt to gain unauthorized access to computer systems, materials or information by any means; (iii) use the Website or the services made available on or through the Website in any way with the intention of interrupting, damaging, disabling, overloading or damaging the Website or such services, including, without limitation, sending messages massive unsolicited or flood servers with requests; (iv) use the Website or the services or articles of the Website in violation of the intellectual property or other legal or economic rights of GCS or of any third party; nor (v) use the Website or the services of the Website in violation of any applicable law. You further agree not to attempt to deceive, destroy, decode, or otherwise alter or interfere with the Website or the services of the Website, or with any content thereof, or make any unauthorized use thereof. You agree not to use the Website in any way that could damage, disable, overload or damage the Website or interfere with any other person using or enjoying the Website or any of its services. You will not obtain or attempt to obtain any material or information through any means that has not been stipulated or made available to the public intentionally through the Website.
- Public Forums. GCS may, from time to time, have messaging services, chat services, news boards, blogs, other forums, and other services available on or through the Website. In addition to any other regulations and norms that we may publish with respect to a particular service, you agree not to upload, inform, transmit, distribute or otherwise publish through the Website or any service or article made available on or through the Website, any material that (i) restricts or inhibits any other user from using and enjoying the Website or the services of the Website, (ii) is fraudulent, illegal, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitutes or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any national or international law, (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyrights, trademarks, trade secrets, confidentiality, contracts, patents, rights, privacy or advertising or any other property right, (v) contains a virus, espionage element or other harmful component, (vi) contains fixed links, advertising, chain letters or pyramid schemes of any kind, or (vi) ) constitutes or contains indications of origin, endorsements or false or misleading statements of facts. You further agree not to personify any other person or entity, whether real or fictitious, including any person from GCS. You also cannot offer to buy or sell any product or service in or through your comments presented in our forums. Only you are responsible for the content and consequences of any of your activities.
- Right of Monitoring and Editorial Control. GCS reserves the right, but has no obligation, to monitor and/or review all materials sent to the Website or through the services or articles on the Website by users, and GCS is not responsible for such materials sent by the users. However, GCS reserves the right at all times to disclose any information that is necessary to comply with any law, regulation or governmental request, or to edit, refuse to place or remove any information or materials, all or in part, that the sole discretion of GCS is reprehensible or in violation of these Terms and Conditions of Use, GCS policies or applicable law. We may also impose limits on certain articles of the forums or restrict your access to part or all of the forums without notice or sanction, if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notification or liability.
- Private or Delicate Information in Public Forums. It is important to remember that the comments presented in a forum can be recorded and stored in multiple places, both on our website and elsewhere on the Internet, which can be accessed for a long time and there is no control over who will read them eventually. It is therefore important that you be careful and selective about the personal information you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments in our public forums.
- Compensation. You agree to indemnify GCS, the directors, officers, employees, agents of GCS and its subsidiaries, from any claim, liability, costs and expenses, of any nature, including attorneys’ fees that you incur as a result of the use of the Website, its placement or transmission of any message, content, information, software or other material through the Website, or its breach or violation of the law or these Terms and Conditions. GCS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with GCS in defending such claim.
- Third Party Websites. You can link the Website to third-party websites and third parties can link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertisements, codes or other materials that may or may not be provided by or through the Linked Sites, even if they are owned by or are directed by our affiliates. The links to Linked Sites do not constitute an endorsement or sponsorship of said websites or of the information, content, products, services, advertisements, codes or other materials presented on or through said websites. The inclusion of any link to such sites on our Site does not imply endorsement, sponsorship or recommendation of that Website, GCS rejects any responsibility for the links (1) of another website to this Website and (2) to another website of this Website. GCS cannot guarantee the standards of any website to which links are provided on this Website, nor will GCS be responsible for the contents of such sites, or any subsequent link. GCS does not represent or guarantee that the contents of a third party’s website are accurate, that they comply with the laws in force, or that they comply with the laws of copyright or other intellectual property laws. GCS is also not responsible for any form of transmission received from any linked website. Any trust placed in the contents of a third party website is done at your own risk and you assume all the responsibilities and consequences resulting from such trust.
- Copyright Agent. In the event that any User or a third party considers that any of the Contents have been entered into the Portal in violation of their intellectual property rights, they must send a letter to the Company that contains the following elements: (a) personal information: name address, phone number and email address of the claimant; (b) authentic or equivalent form, with the personal data of the owner of the intellectual property rights allegedly infringed or of the person authorized in accordance with the right to act in the name and on behalf of the owner of the intellectual property rights allegedly infringed; (c) accurate and complete indication of the Contents protected by the intellectual property rights allegedly infringed, as well as their location on the Portal; (d) express and clear declaration that the introduction of the indicated Contents has been made without the consent of the holder under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the contents constitutes a violation of your intellectual property rights.
These notifications should be sent to: Av. Pedro Henríquez Ureña number 138, Torre Empresarial Reyna II, Suite 601, La Esperilla, Santo Domingo de Guzmán, National District, Dominican Republic. If the letter and information provided reveal that a person’s intellectual right is being violated, GCS will immediately suspend public access to the respective information and make it available to its owner.
- DISCLAIMER OF WARRANTIES. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, WHETHER OR NOT EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF INFORMATION, DATA, DATA PROCESSING SERVICES, UNLIMITED OR UNINTERRUPTED ACCESS, ANY WARRANTY WITH RESPECT TO AVAILABILITY, INTERPRETABILITY, NON-INTERPRETABILITY, ACCURACY, ACCURACY, ACCURACY, PERFECTION, CONCLUSION, UTILITY, OR CONTENT OF INFORMATION, AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH EXPRESS AND IMPLIED WARRANTIES. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT GUARANTEE THAT THE WEB SITE OR THAT THE SERVICES PROVIDED WILL MEET USER REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM US THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. GCS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR ANY VIRUSES THAT MAY INFECT YOUR EQUIPMENT BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSE ON THE WEBSITE OR DOWNLOAD ANY OF THE MATERIALS, DATA, TEXTS, IMAGES, VIDEO CONTENTS OR AUDIO CONTENTS OF THE WEBSITE. IF YOU ARE NOT SATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS DISCONTINUED USING THE WEBSITE. WE TRY TO ENSURE THAT THE INFORMATION PUBLISHED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR NOTICE. GCS NEITHER HEREBY IS NOT RESPONSIBLE FOR THE ACCURACY OR ACCURACY OF ANY OPINION, ADVICE OR DECLARATION ON THE WEBSITE, OR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, ILLEGAL OR VIOLATORY PUBLICATION MADE BY ANYONE OTHER THAN AN EMPLOYEE AUTHORIZED SPEAKER OF GCS IN ITS OFFICIAL CHARACTER (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, CONCLUSION OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE BOARD OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY INFORMATION, OPINION, ADVICE OR OTHER SPECIFIC CONTENT, INCLUDING BUT NOT LIMITED TO, INFORMATION, OPINION, ADVICE OR OTHER FINANCIAL, HEALTH OR STYLE CONTENT OF LIFE. PRIOR TO THE REALIZATION OF A PURCHASE OR SALE OF ANY VALUE OR INVESTMENT, WE ADVISE YOU TO CONSULT YOUR BROKER OR OTHER FINANCIAL ADVISER TO VERIFY PRICING AND OTHER INFORMATION. WE WILL NOT HAVE ANY RESPONSIBILITY FOR INVESTMENT DECISIONS BASED ON, OR FOR RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED ON THE WEB SITE WILL BE INTERPRETED AS AN INVESTMENT ADVICE. GCS IS NOT A REGISTERED BAG DEALER OR AN INVESTMENT CONSULTANT AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND A PRODUCT OVER ANOTHER. WITHOUT LIMITING THE FOREGOING IN THIS SECTION, GCS, AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS GIVE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCT OR SERVICE ORDERED OR PROVIDED VIA THE WEB SITE, AND RENOUNCE, AND YOU HEREBY DISCLAIMED, FROM ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE TO LITERATURE ON PRODUCTS OR SERVICES, TO QUESTIONS MADE FREQUENTLY IN DOCUMENTS AND IN ANY OTHER WAY ON THE WEB SITE OR IN CORRESPONDENCE WITH GCS OR ITS AGENTS. ANY PRODUCT OR SERVICE ORDERED OR PROVIDED VIA THE WEB SITE IS PROVIDED BY GCS “AS IS”, EXCEPT TO THE DEGREE, IF THE CASE IS ADDRESSED, OTHERWISE STATED IN WRITING, IN A LICENSE OR SALE AGREEMENT SEPARATELY BETWEEN YOU AND GCS OR YOUR PROVIDER OR THE PERSON GIVING THE LICENSE.
- LIMIT OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL GCS, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, OF THE CONTENT OR SERVICES (JOINTLY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT DAMAGE , SPECIAL, INCIDENTAL, CONSEQUENT, EXEMPLARY OR PUNITIVE AS A RESULT OF, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE THE WEBSITE OR THE CONTENTS, MATERIALS AND FUNCTIONS RELATED TO IT, YOUR PROVISION OF VIA INFORMATION THE WEBSITE, LOST BUSINESSES OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS DO NOT APPLY TO SOME USERS. IN NO EVENT SHALL THE ENTITIES PROTECTED BY OR IN CONNECTION WITH ANY CONTENT PUBLISHED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR ANY OTHER PERSON ON OR THROUGH THE WEB SITE BE LIABLE. IN NO EVENT SHALL THE TOTAL AMOUNT OF RESPONSIBILITIES OF THE PROTECTED ENTITIES TO YOU, FOR ALL DAMAGES, LOST, AND CAUSES OF CRIMINAL ACTION (WHETHER BY CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) RESULT FROM THE TERMS AND CONDITIONS OR THE USE YOU MAKE OF THE WEB SITE, YOU SHALL EXCEED IN THE TOTAL SUM, THE AMOUNT, IF ANY, PAID BY YOU TO GCS FOR THE USE OF THE WEB SITE OR FOR THE PURCHASE OF PRODUCTS VIA THE WEBSITE.
- Validity. The service provision of the Website and of the other Services has an indefinite duration. GCS however, may terminate, suspend or interrupt at any time and without prior notice, the provision of the services of the Website and/or any of the Services (including Services Open to the User).
- Applicable law and jurisdiction. For the interpretation, compliance and execution of these Terms and Conditions of Use of the Website, GCS and the User agree that they submit to the jurisdiction of the competent courts of the Dominican Republic, waiving the jurisdiction that by virtue of their current or future addresses or for any other reason may correspond and that will be governed by the provisions applicable in the laws of the Dominican Republic.