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RULES FOR USE OF THE MOBILE AND INTERNET SITE XTGEM

These Rules are a legally binding obligation for you. If you do not agree to assume the obligations set out in these Rules and adhere to all the requirements set forth in these Rules, you do not have a right to use the services of XTGEM and you must immediately leave the XTGEM website. If you want to become a member of XTGEM and to use all the services provided by XTGEM, we kindly ask you to carefully read these Rules and confirm that you are familiar and agree with them during the process of registration.

1. XTGEM is providing information hosting services allowing service users to upload, change, use and in other legal ways dispose the data belonging to XTGEM service users on the Internet and mobile sites of XTGEM by using XTGEM website or access through mobile phone – XTGEM wap site, and to make these data fully or partially publicly accessible following all the requirements set forth in these Rules.

2. Only persons who are over 14 years old have a right to use the services provided by XTGEM, and the services and the data provided by XTGEM, which may negatively affect minors, can only be used by the persons who are over?18?years?old. XTGEM has a right to exclude the service user from XTGEM members without prior notification if XTGEM Service Provider detects/receives some information/ has doubts:

3. The right to use the services provided by XTGEM is granted only to the persons who confirm and guarantee that: (a) all the information provided upon registration is correct and precise; (b) the precision and correctness of such information shall be maintained during the entire period of XTGEM service use and the use of XTGEM services shall not violate any legal acts valid in the Republic of Lithuania.

4. These Rules are obligatory to the service user during the entire period of use of XTGEM service. XTGEM Service Provider has a right to terminate any XTGEM service user’s membership at any time, with or without prior notification, due to any reason or without any reason and it shall not be liable for any damage incurred/or that might incur or for any other consequences which can arise due to the performance of the acts indicated in this clause.

5. Persons have a right to use XTGEM services for free. XTGEM Service Provider has a right to tax part or all services provided by XTGEM at his own discretion without prior notification.

6. XTGEM Service Provider is not responsible for the charges imposed to the service user by its mobile network operators, and for their extent, for access to wap XTGEM website through mobile phone and for downloading data and information from wap XTGEM through a mobile phone.

7. The service user has a right to use the services provided by XTGEM and the data downloaded from XTGEM sites only for his personal needs.

8. The service user does not have a right to use XTGEM services or data downloaded from its website in the economic-commercial activities or in any other activities related to receiving profit.

9. The service user does not have a right to upload the data downloaded from XTGEM website on other Internet websites or make them publicly accessible in any other way.

10. Only the owner of the data or another legitimate manager of it has a right to upload the data on XTGEM website or mobile XTGEM site and/or make it fully and/or partially accessible, provided that by carrying out the above mentioned actions the person shall not violate the rights and legal interests of third persons, shall observe ethic norms or legal acts of the Republic of Lithuania.

11. Upon registration on XTGEM website the service user must choose and create a password. The service user is fully responsible for the confidentiality of the password chosen. The service user does not have a right to disclose the password to third persons or to use the passwords of other XTGEM service users. The service user is obliged to immediately inform the XTGEM Service Provider if he/she suspects that other XTGEM service users are using the password chosen by him or her.

12. XTGEM Service Provider does not purport to the service user‘s non property copyright to texts, photos, illustrations, sounds, video recordings, pieces of music, and production of other types which the service user uploads on XTGEM website using XTGEM services. The service user grants a right to XTGEM Service Provider to use the property copyright of the service user without any compensation: to use, to change, to delete, to add, to publicize, to reproduce, and to show in public the above indicated pieces of work on XTGEM website for providing XTGEM services to other users.

13. It is allowed to upload the data which is the object of copyright provided that uploading of such data and making it publicly accessible will not infringe copyrights. The service user confirms and guarantees that he or she is the author of the data uploaded or he or she has received the author‘s consent, as set out in the requirements of related legal acts so that upon uploading the data on XTGEM he does not infringe the copyrights, the right to privacy, moral and ethic norms, rights and legitimate interests of other third persons, and the requirements of the laws of the Republic of Lithuania.

14. XTGEM Service Provider has a right to leave the data uploaded by the service user available to the public for an unlimited period of time, even after the expiry of the right of the service user to use XTGEM services.

15. It is forbidden to upload the data containing pornography and violence or any other data which contains information of any type or form the protection, the storage or distribution of which is forbidden by the laws of the Republic of Lithuania, which violates moral or ethic norms, and rights and legitimate interests of third persons. XTGEM Service Provider has a right to take any legal measures against those people who, at the discretion of XTGEM Service Provider, have violated this provision. Examples of information and data which are forbidden to upload on XTGEM website are indicated below:

15.1. offensive, inciting hatred by reference to race, sex, religion, language, political views, origin, social state or on any grounds inciting psychological or physical coercion against any people or group of people;

15.2. pornographic, wherein nude people are shown, sexual services, violent, coercive actions are promoted, links to pornographic internet websites are provided;

15.3. data which infringe the right to privacy;

15.4. information promoting illegal actions, criminal activities of any type, other violations of law as well as behaviour which is offensive, threatening, defamatory or indecent;

15.5. information inciting war crimes;

15.6. information promoting attempting on the independence of the state of Lithuania, on its territorial integrity and constitutional order;

15.7. information which is defamatory, offensive and humiliating other people’s honour and dignity;

15.8. information which promotes bad habits, use of alcoholic, narcotic, toxic, psychotropic substances;

15.9. illegal copies of copyright work of other people, pirated software or links to them;

15.10. information wherein links to illegal and prohibited websites are made, as set out in the legal acts of the Republic of Lithuania;

15.11. data wherein passwords or other personal information of XTGEM users is disclosed;

15.12. commercial activity, advertising of any type, links to other advertising websites;

15.13. photos or videos of people who have not given their consent to upload such material;

15.14. information violating the rights of copyright and/or related right holders, rights of trademark or other industrial property owners;

15.15. other information which is prohibited according to the laws of the Republic of Lithuania, which violates moral and ethic norms.

16. Examples of activities which are prohibited on XTGEM website are indicated below:

16.1. illegal or criminal activities including children pornography, fraud, drug trading, gambling, persecution, spamming, sending of viruses or other harmful data;

16.2. activities including use of viruses or other similar programmes impeding, eliminating or restricting use of any software;

16.3. use of user names, passwords, profiles and other data of other XTGEM service users uploaded on XTGEM website;

16.4. use of information provided on XTGEM website in order to harm another natural or legal person;

16.5. any other illegal activities prohibited according to the laws of the Republic of Lithuania violating moral, ethic norms, rights and legitimate interests of third persons.

17. If the contents of the data uploaded on XTGEM website by the service user contain information negatively affecting development of minors as defined in the Law on the Protection of Minors against the Detrimental Effect of Public Information, the user who has uploaded the data must indicate that ?The information provided is intended only for individuals over 18 years old“.

18. The service user uses XTGEM services at his own risk and undertakes full civil liability if by uploading the data or making them fully or partially accessible he will violate the rights and legal interests of third persons. The service user shall undertake full civil liability for any damage which may arise due to the use of XTGEM services and other website links provided on XTGEM website.

19. XTGEM Service Provider has a right to remove (delete) any data stored on XTGEM website without prior notification if it is uploaded by violating these Rules or such uploading in any format or any way violates moral and ethic norms, rights and legitimate interests of third persons, or requirements of the legal acts of the Republic of Lithuania.

20. XTGEM Service Provider has a right to partially and/or fully restrict access to uploaded data if XTGEM Service Provider suspects that making the data fully accessible will violate these Rules, the rights and legitimate interests of third persons, moral or ethic norms, the requirements of the legal acts of the Republic of Lithuania.

21. XTGEM Service Provider has a right to partially and/or fully restrict access to the data uploaded or to remove (delete) the data uploaded if he receives a notification that uploading of such data or making them fully or partially accessible to the public will violate these Rules, the rights and legitimate interests of third persons, moral or ethic norms, or the requirements of legal acts of the Republic of Lithuania. XTGEM Service Provider is not obliged to check the validity of such notification and/or compliance of the information provided with the reality.

22. XTGEM Service Provider has a right to remove any advertising information uploaded by the service user at his discretion without any notification.

23. XTGEM Service Provider has a right to take certain legal measures towards the service user regarding illegal use of services provided by XTGEM.

24. By uploading the data on XTGEM website, the service user understands and agrees that:

24.1. XTGEM Service Provider does not oblige to ensure protection of data uploaded against illegal use of the data;

24.2. the data uploaded can be irreversibly lost due to technical or other reasons not depending on the will of XTGEM Service Provider;

24.3. the data uploaded can be removed (deleted) or the access to them may be restricted by the decision of XTGEM Service Provider without a separate notification;

24.4. the data uploaded may become publicly accessible to any person due to technical reasons;

24.5. XTGEM Service Provider has a right to get familiar with the data uploaded;

24.6. any person shall use the data uploaded without any compensation;

24.7. XTGEM Service Provider can make the data uploaded publicly accessible on other websites or use other authors’ property copyrights regarding the data uploaded without compensation.

25. XTGEM Service Provider does not have to check the data uploaded by the user. If XTGEM service user has doubts regarding compliance of data with these Rules, the service user does not have a right to upload certain data.

26. XTGEM service user obliges to inform XTGEM Service Provider should he notice that the data uploaded by other XTGEM service users violates these Rules, moral or ethic norms, rights and legitimate interests of third persons, or the requirements of the legal acts of the Republic of Lithuania.

27. Neither UAB “XtGem“ administrating the XTGEM project, nor its partners, subsidiaries, employees, management, shareholders shall be liable to you or any other third persons for any direct or indirect, accidental, consequential damage or loss (even if XTGEM Service Provider has been informed about possible incurrence of loss), that arise/might arise due to:

27.1. use of or inability to use XTGEM services, which causes defects, delays in operations or breakdowns of other type in the user‘s software;

27.2. charges paid for services, data or information, and for transfer of data on the user’s mobile phone;

27.3. illegal access to the data of the service user;

27.4. trouble information transfer from/to XTGEM website;

27.5. change, removal or loss of information uploaded by the user;

27.6. access of viruses or other programmes of such type into the service user‘s software by using XTGEM website;

27.7. third persons’ behaviour or statements on the actions of the service user on XTGEM website;

27.8. any other disruption associated with XTGEM services.

28. XTGEM Service Provider shall not be liable for the content of information provided by the service user and under no circumstances may it be liable for any damage arising from uploading information or another publication of it on XTGEM website.

29. XTGEM Service Provider shall not be liable for the contents of advertising providers on XTGEM website and does not grant any guarantees regarding goods/services advertised.

30. XTGEM service user shall be obliged to fully compensate XTGEM Service Provider for all the losses, including costs of legal help which might be incurred by XTGEM Service Provider due to the data uploaded on XTGEM website and/or making of the data fully or partially accessible, due to any requirements and claims of third persons arising from XTGEM service user‘s use of services provided by XTGEM, by violating these Rules, moral and ethic norms, the rights and legitimate interests of third persons, the requirements of the legal acts of the Republic of Lithuania.

31. XTGEM Service Provider has a right to amend these Rules unilaterally. The amendments of the Rules shall come into effect from the moment of their publication on XTGEM website. The XTGEM service users shall immediately implement the requirements of the Rules amended from the moment of entry into force of the Rules amended. XTGEM Service Provider has a right to remove service users and/or data uploaded by them without prior notification, provided that they do not comply with the requirements of the Rules amended.

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