Acceptance of Terms
By using the Service in any way you agree to be bound by the Terms as amended -- whether you simply browse the Website or upload and/or view content, or allow your child under the age of 18 to do so (a “User” or “you”). In addition, when using the Website and the Service, you agree to abide by any applicable posted guidelines for all of Company’s services, which may change from time to time. Moreover, by allowing any child under the age of 18 to browse and/or use this Website or its Services, you, individually and on behalf of such minor, agree to be bound by the Terms. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Company or the Website in any way, your only recourse is to immediately discontinue use of the Website.
As stated above, Company reserves the right, at any time, to change the Terms by publishing notice of such changes on the Website. Any use of the Services by you after Company’s publication of any such changes shall constitute your acceptance of this agreement as modified. You agree that Company is permitted to access and use any information provided by you to perform the Service and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Service provided to you.
This Website is owned and operated by eGuiders, LLC. All right, title and interest in and to the materials provided on this Website (excluding User Content), including but not limited to videos, information, documents, logos, software, applications, graphics, sounds, and images (the "Materials") are owned either by Company or by its respective third party authors, developers, or vendors ("Third Party Providers"). Company hereby grants you a limited, revocable, nontransferable, nonsublicenseable license to reproduce and display the Materials (excluding any software code) solely for your personal (and not commercial) use in connection with viewing the Website and using the Services. Company does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Company. Any rights not expressly granted herein are reserved by Company.
Company does not claim any ownership rights in the text, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials (collectively “User Content”) that you post on or through the Website. After posting your User Content to the Website, you continue to retain any such rights that you may have in your User Content, subject to the limited license you grant to Company herein. By displaying or publishing (“posting”) any User Content on or through the Website you hereby grant to Company a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, prepare derivative works, publish, transmit and distribute such User Content in any media now known or hereafter devised, including without limitation distributing part or all of the Website in any media formats and through any media channels. This limited license shall be non-exclusive, irrevocable, fully-paid and royalty-free, transferable, sublicenseable, worldwide, and perpetual.
You represent and warrant that: (i) you own the User Content posted by you on or through the Website or otherwise have the right to grant the license set forth herein, and (ii) the posting of your User Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content posted by you on or through the Website.
The Website contains User Content of other Users and other licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any other User Content appearing on or through the Website.
You agree not to post on or through the Website, any form of Prohibited Content (as defined below). Despite this prohibition, information, materials, products or services provided by other Users may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms, and Company assumes no responsibility or liability for this material. If you become aware of any misuse of the Services by any person, please contact Company by clicking here for the Company’s Intellectual Property Protection policies and procedures.
Company may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of Company violates these Terms or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Company assumes no responsibility for monitoring the Website for inappropriate User Content or conduct. If at any time Company chooses, in its sole discretion, to monitor the Website, Company nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content. You are solely responsible for the User Content that you post on or through the Website, and any material or information that you transmit to other Users and for your interactions with other Users.
Public Forums And Communications
"Public Forum" means an area or feature offered as part of the Website that offers the opportunity for Users to interact with each other and to post User Content for viewing by one or more Users, including in a chat area, message board or social community environment.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any postings to or communication within a Public Forum. Company cannot guarantee the security of any information you disclose in a Public Forum and, as such, you make such disclosures at your own risk. You should be skeptical about information provided by others, and you acknowledge that the use of any User Content posted in any Public Forum is at your own risk.
“Prohibited Content” includes, but is not limited to, any User Content that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is harmful or can reasonably be expected to be harmful to any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (f) infringes or violates any right of a third party including right of privacy, right of publicity, copyright, patent, trademark, trade secret or other proprietary or contractual rights; (g) is commercial, business-related or advertises or offers to sell any products or services, whether or not for profit; (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Website; (i) does not generally pertain to the designated topic or theme of the relevant Public Forum; (j) violates any specific restrictions applicable to a Public Forum; or (k) is antisocial, disruptive, or destructive, including "spamming," "flooding," and "trolling" as those terms are commonly understood and used on the Internet.
Third Party Links
The Website may contain links to other websites, which are completely independent of this Website. Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
Privacy and Information Disclosure
Intellectual Property Protection
Company respects the intellectual property rights of others, and requires that all Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Company has the right to terminate a User’s use of the Website for such actions.
If you believe your work has been copied and posted on the Website in a way that constitutes copyright infringement, please send Company's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Website; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Company's Copyright Agent for notification of claimed infringement can be reached as follows: eGuiders, LLC, 4411 Los Feliz Blvd. #108, Los Angeles, CA 90027; Facsimile: 323-663-1371; Attn: Copyright Agent. Company's Copyright Agent for notification of claimed infringement can also be reached via email at firstname.lastname@example.org.
Limitations on Service
Company grants you a limited, revocable, nonexclusive, nonassignable or nonsublicenseable license to access the Website and utilize the Service for your own personal use, and not to download or modify it, or any portion of it unless the Service specifically provides for as such. You acknowledge that Company may establish limits concerning your use of the Service and reserves the right at any time to modify or discontinue your access to the Service (or any part thereof) with or without notice, including but not limited to the Materials, functionality or hours of availability, or the equipment needed for its access or use.
Termination of Service
You agree that Company, in its sole discretion, has the right (but not the obligation) to terminate your access to or use of the Website immediately and without notice, for any reason, including, without limitation, if Company believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Website. Further, you agree not to attempt to use the Website after said termination.
Company is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Website, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Website, and such User Content does not necessarily reflect the opinions or policies of Company. User Content created and posted by Users on the Website may contain links to other websites. Company is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Company. Company is not responsible for the conduct, whether online or offline, of any User of the Services. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Under no circumstances shall Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any User Content posted on or through the Website, or from the conduct of any Users of the Services, whether online or offline. Company cannot guarantee and does not promise any specific results from use of the Website or its Services.
The Website is controlled and operated by Company from its offices within the State of California. Company makes no representations or warranties that the Materials and/or the User Content are appropriate or available for use in other locations and/or countries. Users who choose to access the Website from other locations do so at their own risk and are responsible for compliance with the applicable local laws.
WITHOUT LIMITING THE FORGOING, YOU AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. CORPORTION ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE’S MATERIALS. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE VIDEOS, INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE OR THE SERVICE.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, protect and hold harmless Company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees from any claim or demand, damages, losses, obligations, costs and expenses, including reasonable attorneys’ fees and court costs whether or not litigation has commenced, made by any third party due to or arising out of your use of the Service, including but not limited to any User Content that you post on or through the Website, your violation of the Terms, or your breach of any of the representations and warranties herein.
U.S. Export Controls
Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
The Terms constitute the entire agreement between you and Company and govern your use of the Website and the Service, superseding any prior agreements between you and Company. The Terms and the relationship between you and Company shall be governed by the laws of the State of California without regard to any conflicts of laws principles. You and Company agree to submit to the exclusive jurisdiction of the courts located within the County of Los Angeles, State of California to resolve any dispute arising out of or related to the Terms or the Services. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that Company may have under trade secret, copyright, patent or other laws. The employees of Company are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on Company, except in a writing signed by an authorized officer of Company. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. 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 the Website, the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms shall not be construed against the drafting party, i.e., Company. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.