<p>Getgems is the very first NFT marketplace on The Open Network blockchain. The platform was launched by enthusiasts who are passionate about NFTs, DeFi, and future technologies. The home base of Getgems, The Open Network is a next-generation Web3 blockchain ecosystem built to simplify everyone’s lives. Whether you’re an NFT creator or collector, TON is the perfect place for you thanks to its high throughput and extremely low transaction fees.</p>


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Disclaimer of Service | TON App

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Disclaimer

We take reasonable steps to accurately record the personal information that you provide to us, as well as any subsequent updates. We encourage you to review, update, and correct the personal information that we maintain about you. You may request that we delete Personal data about you that is inaccurate, incomplete, irrelevant for legitimate purposes, or is being processed in a way which infringes any applicable legal requirements.

ACCESSING &CORRECTING YOUR PERSONAL INFORMATION

TON App reserves the rights to change this Privacy Policy at any time. Please check this page periodically for changes. Your use of the Services after any such amendment or change in the Privacy Policy shall be deemed as your express acceptance to such amended/changed Privacy Policy and an assent to be bound by such changed/amended Privacy Policy. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

CHANGES TO THIS POLICY

TON App may collect and use information of and regarding its Users. We collect only data which is essential to our operations and enables us to provide you with better user experience. The information, through which the person may be identified, may include data, which the User voluntarily enters, uses or provides when using the Services of the TON App Website TON App collects and uses the information for the purposes, outlined in this Privacy Policy, as well as to offer new Services to the User or to familiarize him with new functionalities on the Website. We may also use certain performance tracking tools, such as Google Analytics. Through the use of Google Analytics we gather information regarding your behaviour and preferences when using our online platform. We collect two types of information from and about our Users, including information: by which you may be personally identified; and/or about your internet connection, the equipment you use to access our Services and your usage details (i.e. your Internet Service Provider). The information we collect on or through our Services may include: Contact Information: Your contact information, such as email address and other ways of communication. We collect this information in order to provide you with access to certain features of our Services and to inform you about relevant information concerning your use of our Services. Preferences: Your preferences and settings such as time zone and language; We collect this information in order to enhance your user experience. Searches and other activities: The search terms you have looked up and results you selected; We collect this information in order to improve your user experience and provide you with more relevant content and Services. Browsing information: How long you used our Services, which features you used, etc.; We collect this information in order to analyse the behaviour of our users and improve our Services. Communications: Between you and TON App support staff regarding the Services. We collect this information in order to monitor the quality of our support staff and your communications with us. Transactional information: If you make payments or purchases through our Services, we may collect and store information about you to process your requests and automatically complete forms for future transactions; Location Data: We may collect information about your location if you have instructed your mobile device or computer to send such information via the privacy settings on that mobile device or computer. We may use the location data collected to enhance your use of the Services by providing you with relevant content and contextual advertising.

WHAT INFORMATION DO WE COLLECT FROM OUR USERS?

If you believe TON App does not adhere to this Privacy Policy, in order to address a question, to resolve a complaint regarding the Website or the TON App Services, or to receive further information regarding the Services, please contact TON App via email at

CONTACT

The copyrights of our Website are the property of TON App. Texts, graphics, photographs, animations, videos and clips, visible on the Website are the object of copyright and are part of the intellectual property of TON App. Those may not be reproduced, used, presented or represented without an explicit written permission by TON App. Any distribution of files, obtained by the Users under the Terms and Conditions of the Website, or of parts of such files, constitutes a violation of the relevant intellectual property protection laws and is prosecuted by the law. Nothing contained on this Website may be interpreted as granting a license or right of use as a trademark without the prior explicit written consent of TON App.

COPYRIGHTS

DEFINITIONS

How we collect and store information depends on the pages you are visiting, the activities in which you elect to participate and the Services provided. For example, you may be asked to provide information when you register for access to certain portions of our Website, request certain features, such as e-mail newsletters or when you make a payment. Like most Websites, TON App also collects information automatically and through the use of electronic tools that may be transparent to our visitors and Users. For example, we may log the name of your Internet Service Provider.

HOW WE GATHER INFORMATION FROM USERS?

Last Updated on August 16, 2020. This Privacy Policy is effective immediately for Users after this date. TON App respect your privacy and are committed to protecting it through our compliance with this Privacy Policy. This policy describes: the types of information that we may collect from you when you access or use our Website – and other online Services; and our practices for collecting, using, maintaining, protecting and disclosing that information. This policy applies only to information we collect through our Services and in the electronic communications sent through or in connection with our Services.

GENERAL INFORMATION

This Privacy Policy and the use of the Website are governed by the laws of Lithuania. The parties undertake to first tryto resolve the dispute with by negotiation. If the parties fail to reach an amicable resolution through negotiation,TON App agrees to submit the dispute to the competent Court of Lithuania.

GOVERNING LAW

Privacy | TON App

TON App is controlled, operated and administered entirely within Lithuania. If you are accessing the TON App Website from another jurisdiction, please be advised that you are transferring your personal information to TON App in Lithuania and, by using the Website, you consent to that transfer and to abide by the applicable laws concerning your use of the Website and your agreements with us. This statement and the policies outlined in this Privacy Policy are not intended to and do not create any contractual or other legal rights in or on behalf of any third party. TON App may provide a translation of the English version of the Privacy Policy into other languages. You understand and agree that any translation of the Privacy Policy into other languages is only for your convenience and that the English version shall govern your rights and responsibilities. In case there are any inconsistencies between the English version of the Privacy Policy and its translated versions, the English version of the Terms shall prevail.

MISCELLANEOUS

The User on the Website has the following rights: know what and for what purpose the Personal data is processed; require rectification or erasure of the Personal data; require TON App to restrict the processing of User’s Personal data for one of the legitimate reasons; to submit claim to the State Data Protection Inspectorate concerning the illicit processing of Personal data or Data infringement; to disagree with the processing of Personal data when this Data is processed or intended to be processed for direct marketing purposes. Any requests or orders in relation to processing of the User’s data, the User has to submit in written to TON App using the contact information indicated in this Privacy Policy (e-mail or postal address). Next to the request the User has to submit its identity document or identify itself with permissible electronic measures, unless the written request is submitted directly in the presence of the User when there is a possibility to identify him/her. The User has a right to request erasure of all the Data about the User held by TON App. In the answer to requests of the Users regarding the exercise of right to be forgotten, TON App undertakes to answer in detail providing the grounds and (or) explanation on why there is no possibility to exercise such right when there is an overriding ground of legitimate interest or, when it is possible – how to exercise such right. When the User submits the request to erase his/her Data, TON App undertakes without undue delay to erase all Personal data, where one of the following grounds applies: the Personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; the User withdraws consent on which the processing is based, and where there is no other legal ground for the processing; the User objects to the processing of his/her Data and TON App does not determine overriding legitimate grounds for the further processing; the Personal data have been unlawfully processed; the Personal data have to be erased for compliance with a legal obligation in European Union or laws of the Republic of Lithuania. User has a right to request that TON App would restrict processing of the User’s Data in one of the following cases: the accuracy of the Personal data is contested by the User for a period enabling TON App to verify accuracy of the Personal data; the Data processing is unlawful and the User opposes the erasure of the Data and requests the restriction of its use instead; TON App no longer needs the Personal data for the purposes of the processing, but they are required by the User for the establishment, exercise or defence of legal claims; or when the User has objected to processing until the verification whether the legitimate grounds of TON App override those of the User. Where processing has been restricted under the paragraph 6.5 hereof, such Personal data shall, with the exception of storage, only be processed with the User’s Consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. TON App after receipt of the User’s request or order shall respond and perform the steps in the request or refuse to perform stating the reasons for refusal no later than within 30 (thirty) days from the date of receipt. If necessary, the specified period may be extended by another 2 (two) months depending on the complexity and number of requests. In this case, within 30 (thirty) days from receipt of the application, TON App informs the User of any such extension, together with a reason for the delay. TON App might not satisfy the User’s requests, in cases it is necessary to ensure: execution of established legal obligations of TON App; public order and prevention of crimes; or rights and freedoms of other Users or other third parties. If the User has discovered the unlawfulness of its Data processing or in the event of a dispute with the Data processor, it has a right, at any time, to apply to the out-of-court dispute resolution authority in Lithuania – the State Data Protection Inspectorate, under the rules specified on its website, which can be found here.

RIGHTS OF THE USERS

TON App won&apos;t transfer information about you to third parties for the purpose of providing or facilitating third-party advertising to you. We may share your Personal data with third parties and our partners in some circumstances, including: with your consent to a service provider or partner who meets our data protection standards; when we have a good faith belief it is required by law, such as pursuant to a subpoena or other legal process; when we have a good faith belief that doing so will help prevent imminent harm to someone. If we are going to share your information in response to legal process, we&apos;ll give you notice so you can challenge it (for example by seeking court intervention), unless we&apos;re prohibited by law or believe doing so may endanger others. We will object to requests for information about users of our Services that we believe are improper. Certain third parties who provide technical support for the operation of our Website - our Web hosting service for example - may have access to such information.

We have implemented appropriate measures in the form of various technical, physical and other means, including, but not limited to measures regarding the security of our electronic systems and databases. These means aim at improving the integrity and security of the personal information that we collect and maintain. However, please be advised that even the best security measures cannot guarantee the full elimination of all risks. If we learn of any violation, breach or danger to our security systems breach, then we will attempt to notify you electronically so that timely and appropriate protective steps can be taken. Apart from informing you via e-mail, we may post a notice through the Website if a security breach occurs. Your personal data safety is of utmost importance to us. We review and strive to improve our security measures on a regular basis. If we detect a breach of our security measures, which has the potential of harming you as individual we will notify you without undue delay.

SECURITY: HOW WE PROTECT YOUR INFORMATION?

If you no longer agree to be bound by this Privacy Policy, you must cease the use of the TON App Website. If you are dissatisfied with TON App, its content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. TON App reserves the right to terminate or suspend your access to and use of the Website, or parts of them, without notice, if we believe, in our sole discretion that such use is in violation of any applicable law, or harmful to our interests or the interests of another person or entity, or where TON App has reasons to believe that their use is in violation of this Privacy Policy or the Terms of Use.

TERMINATION

Privacy

Like other Websites, we collect information to enhance your visit and deliver more individualised content. We respect your privacy and do not share your information with anyone, except in cases when that proves necessary. TON App undertakes to store the User&apos;s Personal data for a period specified in the applicable laws and other legal acts of the Republic of Lithuania and/or this Privacy Policy, but not longer than is required by applicable laws and regulations of the Republic of Lithuania or pursuant to this Privacy Policy to achieve the goals of Data processing. We will retain the information we collect from you for a period of maximum of 5 /five/ years, or less if it is no longer necessary for the provision of the TON App Services to you. After the expiry of this period we undertake to delete any information we have collected from you. Aggregate information and information that does not personally identify you, may be used in many ways. For example, TON App may combine information about your usage patterns on the Website with similar information obtained from other users to help enhance our site and Services (e.g., to learn which pages are visited the most or what features Users find the most attractive). This information does not include any information about you and does not allow anyone to identify you individually. We may use personally identifiable information, collected on the Website, to communicate with you about your registration and customisation preferences; our Terms of Service and Privacy Policy; Services and products offered by or through the Website; and other topics we think you might find of interest. Personally identifiable information collected by TON App may also be used for other purposes, including but not limited to Website administration, troubleshooting, processing of e-commerce transactions and other communications with you. Certain third parties we work with, such as Google, may use cookies to serve you with better advertisements based on your prior visits of our Website. Moreover, Google may use DoubleClick cookies, which enables it and its partners to serve you more relevant advertisements based on your prior visits to our Website and/or other websites on the internet. You may opt out of Googles DoubleClick cookies at any time, by visiting

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INTELLECTUAL PROPERTY

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Terms

  means a decentralized application or a program that exist and run on a blockchain technology or peer-to-peer network that can be installed and launched by many users on a decentralized network with trustless protocols.

 means an individual or a company whose dApp is listed on the Website by TON App or an individual or a company who submitted an application to TON App for advertising and/or listing the dApp on the Website.

 means these terms of use of the Website, which apply to Visitors and Dapp Developers.

 means an individual or a company who has visited the Website and is not a Dapp Developer.

 means the internet website of TON App, the address of which is 

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Every Dapp Developer represents and warrants to TON App that: 

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