|
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE AND/OR COMMUNICATING WITH GURUS REGISTERED ON THIS SITE.
By using this site and/or communicating with Gurus or clients registered on the GuruCountry website ("GuruCountry Site" or the "Site"), you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this Site!
[GuruCountry, Inc.] ("GuruCountry") may revise and update these Terms and Conditions at any time. Your continued usage of this Site, and/or your continued communication with any Gurus or clients registered on this Site, will mean you accept those changes.
INDEX
- Limitations to Information Provided through this site
- Childrens Privacy
- Use of Content
- Liability of GuruCountry and its Licensors
- User Submissions
- User Submissions — Image, Video, Audio Files
- Passwords and Account Information
- GuruCountry Subscription Services
- GuruCountry Member-to-Member Areas ("Public Areas")
- Advertisements, Searches, and Links to Other Sites
- Indemnity
- General
- Jurisdiction
- Notice and Takedown Procedures
- Complete Agreement
Limitations to Information provided through the Site
The contents of the GuruCountry Site, such as text, graphics, images, information obtained from GuruCountry's licensors and/or Gurus registered with GuruCountry (including any advice, instruction, guidance or other similar information provided by such Gurus), and other material contained on the GuruCountry Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for detailed professional advice, instruction, diagnosis, guidance, interpretation or other such information. If you have a complex problem, you may want to seek professional advice outside of the Site. Never disregard detailed professional advice or delay in seeking it because of something you have read on the GuruCountry Site! Under no circumstances is GuruCountry providing or purporting to provide, or is any Guru authorized to provide, the following types of advice. Any indication that such advice or information is being provided through the Site should be reported to GuruCountry immediately.
- Legal advice
- Medical or health advice
- Personal finance and investments
[The Gurus registered with GuruCountry have only undergone limited checks to verify the credentials, most recent employment history and identity information provided by such persons to GuruCountry.] None of these checks purport to guarantee the authenticity of such information or any other information posted on the Site by such persons. The reliability of any advice, instruction, guidance or other similar information provided by Gurus is in no way guaranteed by GuruCountry. Users of the Site who chose to rely on such advice, instruction, guidance or other similar information, or any other information provided by GuruCountry, GuruCountry employees, others appearing on the Site at the invitation of GuruCountry, or other visitors to the Site is solely at your own risk. The user feedback, ratings and other statistics provided on the Site are for informational purposes only and GuruCountry does not recommend or endorse any specific Gurus, products, procedures, opinions, or other information that may be mentioned on the Site. Users should be aware that when communicating with Gurus registered with GuruCountry, they are merely using the Site as a conduit and are establishing a relationship (professional or informal) directly with the Guru in question and not with GuruCountry. GuruCountry assumes no liabiity for the advice, instruction, guidance or other similar information provided through the Site by Gurus, GuruCountry employees or others appearing on the Site at the inviation of GuruCountry.
Please read the section below entitled “Liability of GuruCountry and its Licensors” carefully and in its entirety.
Children's Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Content
GuruCountry authorizes you to view or download a single copy of the material on the GuruCountry Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2007, GuruCountry, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the GuruCountry Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. Any advice, instruction, guidance or other similar information provided by Gurus registered with GuruCountry may be reproduced only with the express written consent of such Guru. GuruCountry accepts no responsibility to the unauthorized use or reproduction of such information.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with GuruCountry or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of GuruCountry. All rights not expressly granted herein are reserved to GuruCountry and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of GuruCountry and its Licensors
The use of the GuruCountry Site and the Content, including any advice, instruction, guidance or other similar information provided by Gurus registered with GuruCountry is at your own risk.
When using the GuruCountry Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of GuruCountry and its suppliers. Accordingly, GuruCountry assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the GuruCountry Site.
The GuruCountry Site and the Content (including any advice, instruction, guidance or other similar information provided by Gurus registered with GuruCountry, unless otherwise stated by such Guru) are provided on an "as is" basis. GURUCOUNTRY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, GuruCountry, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the GuruCountry Site or GuruCountry.
- The satisfaction of any government regulations requiring the licensing (including ongoing requirements), regulatory status or authority to conduct business of any Gurus purporting to be professionals and compliance of any software tools with regard to the Content contained on the GuruCountry Site.
In addition, Gurus who register with GuruCountry or use the Site also do so at their own risk. GuruCountry shall not be responsible for any statements, feedback, reviews, criticism or other such information provided on the Site by clients with respect to their experience or communications with Gurus registered with GuruCountry.
In no event shall GuruCountry, its licensors, its suppliers, or any third parties mentioned on the GuruCountry Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the GuruCountry Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not GuruCountry, its licensors, its suppliers, or any third parties mentioned on the GuruCountry Site are advised of the possibility of such damages. GuruCountry, its licensors, its suppliers, or any third parties mentioned on the GuruCountry Site shall be liable only to the extent of actual damages incurred by you and adjudged to be owing by such parties, not to exceed U.S. $1000. GuruCountry, its licensors, its suppliers, or any third parties mentioned on the GuruCountry Site are not liable for any personal injury (including death) or business interruption or business losses caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
User Submissions
The personal information you submit to GuruCountry is governed by the GuruCountry Privacy Policy. To the extent there is an inconsistency between this Agreement and the GuruCountry Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (defined below) (including blogs, message boards, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to GuruCountry by email, support@gurucountry.com any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to GuruCountry by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to GuruCountry by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-GuruCountry a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. GuruCountry may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to GuruCountry by email. We try to answer every email in a timely manner, but are not always able to do so.
User Submissions — Image, Video, Audio Files
You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else unless you feel it is necessary. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the GuruCountry site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herin. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions or the GuruCountry Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media like a photo or video, (a) you grant to GuruCountry a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes GuruCountry to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify GuruCountry and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
GuruCountry reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion
Passwords and Account Information
GuruCountry has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your GuruCountry passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your GuruCountry account and password; (3) promptly inform GuruCountry of any need to deactivate a password. You grant GuruCountry and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. GuruCountry cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using GuruCountry tools and services. It is important that you keep all password and account information confidential as unauthorized persons who have access to such information could manipulate or steal monies or prepaid tokens.
GuruCountry Subscription Services
If you choose to subscribe to one of GuruCountry's subscription services, the following additional terms and conditions will apply depending on which service you choose. You should be aware that the GuruCountry Subscription Services are not intended or designed to attract children under the age of 18. These services do not collect any Personally Identifiable Information from any person we know to be a child under the age of 18.
INFORMATION YOU SUBMIT: You are using the Subscription Services at your own risk and you are personally responsible for verifying its suitability for your needs.
CHARGES AND BILLING: You are responsible for providing a valid credit card number at the time you register for a Subscription Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying GuruCountry of such charges. You agree that GuruCountry may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Subscription Service. All Subscription Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. GuruCountry reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time with at least thirty (30) days' notice.]
GuruCountry Member-to-Member Areas ("Public Areas")
If you use a Public Area, such as our “Public Board” [or our chat rooms or message boards], you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. GuruCountry and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using a Public Area for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by GuruCountry in its sole discretion;
- Posting advertisements or solicitations of business (other than solicitations to use your services as a Guru registered with GuruCountry);
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of GuruCountry, exposes GuruCountry or any of its customers or suppliers to any liability or detriment of any type.
GuruCountry reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public chat rooms.
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms and Conditions.
- Terminate a user's access to any or all Public Areas and/or the GuruCountry Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the GuruCountry Site, regardless of whether such communication(s) violate these standards.
GuruCountry or its licensors have no liability or responsibility to users of the GuruCountry Site or any other person or entity for performance or nonperformance of the aforementioned activities
Advertisements, Searches, and Links to Other Sites
GuruCountry may provide links to third-party web sites. GuruCountry also may select certain sites as priority responses to search terms you enter and GuruCountry may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. GuruCountry does not recommend and does not endorse the content on any third-party websites. GuruCountry is not responsible for the content of linked third-party sites, sites framed within the GuruCountry Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. GuruCountry does not endorse any product, service, or treatment advertised on the GuruCountry Site.
Indemnity
You agree to defend, indemnify, and hold GuruCountry, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Site (and, in the case of any Guru registered with GuruCountry, the terms and conditions of any [Relationship Agreement] entered into between you (as a Guru) and GuruCountry or any of its affiliates).
General
GuruCountry is based in San Jose, California, in the United States of America with principal offices in San Jose, California. GuruCountry makes no claims that GuruCountry or any Site within the GuruCountry Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the GuruCountry Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – Image, Video, Audio Files, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with GuruCountry, or in any way relating to your use of the GuruCountry Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving GuruCountry or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting GuruCountry's copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Complete Agreement
Except as expressly provided in a particular "legal notice" on the GuruCountry Site, these Terms and Conditions and the GuruCountry Privacy Policy constitute the entire agreement between you and GuruCountry with respect to the use of the GuruCountry Site, and Content.
Thank you for your cooperation. We hope you find the GuruCountry.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: [ADDRESS AND CONTACT DETAILS].
We try to answer every email in a timely manner but due to volume may not always be able to do so.
Last Updated: August 2007
All contents contained on this website is © 2007 [GuruCountry, Inc.] All rights reserved.
|