| GuruListing
Terms of Service
[ If you have any questions about the Terms of Service, please direct
them to support@GuruListing.com.
]
ACCEPTANCE OF TERMS
GuruListing Ltd. ("GuruListing") provides its services subject to certain terms and
conditions including the terms set out below. Collectively, these are
the "Terms of Service" or "TOS". All of these may be revised by GuruListing from
time to time, without notice, and will be posted as amended on our site.
Use of our services constitutes acceptance of the Terms of Service, as
so published.
THE GuruListing SERVICE
GuruListing provides its users with communications tools, forums, events and
other services. These features, and any new features adopted by GuruListing,
(collectively, the "Service") are subject to the TOS. You understand and
agree that the GuruListing services are provided "AS-IS" and that GuruListing does not
assume any responsibility for the content of any of these communications,
or for the deletion or failure to display or store any user communications.
USER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you,
and not GuruListing, are entirely responsible for all Content that you upload,
make available, post, email or otherwise transmit via the Service. GuruListing
does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will GuruListing
be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed or
otherwise transmitted via the Service.
You agree to not knowingly or intentionally use GuruListing to:
a. upload, make available, post, email or otherwise transmit any Content
that is unlawful, harmful, threatening, abusive, harassing, or otherwise
objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to,
a GuruListing employee, moderator or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers including copyright
management information in order to disguise the origin of any Content
transmitted through the Service;
e. upload, make available, post, email or otherwise transmit any Content
that you do not have a right to transmit under any law or under contractual
agreement or relationship;
f. upload, make available, post, email or otherwise transmit any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g. upload, make available, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," "multi-level marketing" or any other
form of solicitation, except in those areas or groups that may be designated
for such purpose;
h. upload, make available, post, email or otherwise transmit 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 hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise act in
a manner that negatively affects other users' ability to engage in real
time exchanges;
j. interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state,
national or international law; or
l. "stalk" or otherwise harass another user.
You acknowledge that GuruListing does not pre-screen Content, but that GuruListing
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, GuruListing and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable.
You acknowledge and agree that GuruListing may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of GuruListing, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
TERMINATION OF USE
You agree that GuruListing, in its sole discretion, may terminate all or part
of your user access, registration, password, account (or any part thereof)
or use of the Service, and remove and discard any Content within the Service,
for any reason, including, without limitation, for lack of use or if GuruListing
believes that you have violated or acted inconsistently with the letter
or spirit of the TOS. GuruListing may also in its sole discretion and at any
time discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under
any provision of this TOS may be effected without prior notice, and acknowledge
and agree that GuruListing may immediately deactivate or delete your account
and all related information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that GuruListing shall
not be liable to you or any third-party for any termination of your access
to the Service.
CHILD PROTECTION
NO PERSONS UNDER THE AGE OF THIRTEEN ARE PERMITTED TO USE GuruListing.
PRIVACY POLICY
GuruListing shares your concerns about personal privacy. Through the Service,
and through other contact with GuruListing, GuruListing may collect personal information
and data including, but not limited to, application and web site usage
data, viewing data, file transfer and e-mail data, and personal contact
information such as e-mail addresses, mailing addresses and phone numbers.
Additionally, GuruListing's applications and web sites may use technological
facilities for tagging and tracking including, but not limited to, Web
cookies, login usernames and other technologies to track and correlate
data.
The GuruListing Service does not rent, sell, or share personal information
about you with other people or nonaffiliated companies except to provide
products or services you've requested, when we have your permission, or
under the following circumstances:
- we provide the information to trusted partners who work on behalf
of or with GuruListing. These companies may use your personal information to
help GuruListing communicate with you about offers from GuruListing and our marketing
partners. However, we do not grant these companies any independent right
to share this information.
- information posted to public areas of GuruListing, such as the Message Boards,
Guestbooks, Home Pages, etc., may be accessed by other people and nonaffiliated
companies.
- You may use the permissioning features of the Service to give others
access to your information, including contact information. You accept
responsibility for understanding the user interface, and agree to contact
GuruListing Support with any questions concerning these features and the interface
prior to using them. You also accept that GuruListing has not validated user's
identities, and that users may not be who they say they are.
- we may separately receive information about you which we make accessible
to others from sources other than you, including without limitation, directories.
- we respond to subpoenas, court orders, or legal process, or to establish
or exercise our legal rights or defend against legal claims;
- we believe it may be necessary to share information in order to investigate,
prevent, or take action regarding illegal activities, suspected fraud,
situations involving potential threats to the physical safety of any person,
violations of GuruListing's terms of use, or as otherwise required by law.
- we transfer information about you if the GuruListing Service is transferred
to, acquired by or merged with another company.
We will use reasonable efforts to comply with this privacy policy and
will take prompt corrective action when we learn of any failure to comply
with our privacy policy. We sometimes release beta versions of our products,
which are further refined before the release of the final version. Because
these products are still in a test phase, we may not always catch an unintended
privacy issue, despite our efforts to do so. As such, we welcome user
feedback on any privacy concerns you may have. In light of the above and
because of the complex and constantly changing nature of our technology
and business, GuruListing does not guarantee error-free performance under this
privacy policy. GuruListing shall not be liable for any incidental, consequential
or punitive damages relating to this privacy policy.
This policy may change from time to time, and any changes are binding
on you. We encourage you to visit this site from time to time to review
the most updated policies.
Once you have signed up as a GuruListing user, even if you later cancel your
userid, any personal data previously collected remains the property of
GuruListing.
GuruListing cannot guarantee the security or accuracy of personal data.
NO PERSONS UNDER THE AGE OF THIRTEEN ARE PERMITTED TO USE GuruListing.
USE OF GuruListing IS CONTINGENT UPON ACCEPTANCE OF THIS PRIVACY POLICY AND
ALL OF THE TERMS IN IT.
USERNAME, PASSWORD AND SECURITY
You will create a username and password upon completing the registration
process. You are responsible for maintaining the confidentiality of the
password, and are fully responsible for all activities that occur under
your username and password. You agree to immediately notify GuruListing of any
unauthorized use of your username or password or any other breach of security.
You agree that GuruListing cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section.
You acknowledge that GuruListing does not pre-screen Content, but that GuruListing
and its designees shall have the right (but not the obligation) in their
sole discretion to take action based upon any violation of the TOS or
law, including refusing any Content that is available via the Service
or denying further access. Without limiting the foregoing, GuruListing and its
designees shall have the right to remove any Content that violates the
TOS or is otherwise objectionable. You agree that you must evaluate, and
bear all risks associated with, the making available, downloading or use
of any Content.
You acknowledge and agree that GuruListing may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of GuruListing, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
ADDITIONAL TERMS
Recognizing the global nature of the Internet, you agree to comply with
all rules for your local areas regarding online conduct and acceptable
Content. You further agree to comply with all applicable laws regarding
the transmission of technical data exported from the country in which
you reside.
MATERIALS PROVIDED TO GuruListing OR POSTED ON ANY GuruListing SERVICE.
GuruListing does not claim ownership of the materials, in any format including,
but not limited to, text, images, photographs, audio, or video, that you
provide to GuruListing (including feedback and suggestions) or post, upload,
input or submit to any Services or its associated services for review
by the general public, or by the members of any public or private community,
(each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting ("Posting")
your Submission you are, subject to the privacy provisions provided herein,
granting GuruListing, its affiliated companies and sublicensees permission to
use your Submission in connection with the operation of their businesses
(including, without limitation, all GuruListing Services), including, without
limitation, the transferable, non-exclusive, world-wide, royalty-free,
perpetual, irrevocable, fully sub-licensable right and license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; to publish your name in connection
with your Submission; and the right to sublicense such rights to any supplier
of the Services.
You additionally warrant that each person depicted or recorded in such
Submissions, if any, has provided consent to the use of the Submissions
as set forth in these Terms of Service, including, by way of example,
and not as a limitation, the distribution, public display and reproduction
of such Submissions, or that their consent is not required by law for
the uses described above.
No compensation will be paid with respect to the use of your Submission,
as provided herein. GuruListing is under no obligation to post or use any Submission
you may provide and GuruListing may remove any Submission at any time in its
sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in these Terms
of Service including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit the Submissions, or that
you have a license to such rights, or that such rights are covered by
fair use.
INDEMNITY
You agree to indemnify and hold GuruListing, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you make available, submit,
post to or transmit through the Service, your use of the Service, your
connection to the Service, your violation of the TOS, or your violation
of any rights of another.
NO RESALE RIGHTS
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any use of or access to the GuruListing Service.
ANTI-SPAM POLICY AND ACCEPTABLE USE
While we encourage you to refer friends, family, colleagues, and others
to use the Service, you may do so only through methods that are consistent
with the terms and conditions of your own Internet service provider as
well as prevailing standards of acceptable Internet use and behavior.
In particular, you may not use the Service, name, trademarks, or other
intellectual property of GuruListing in conjunction with the sending of unsolicited
email, or cause to be used GuruListing's equipment, network connectivity, or
other resources to originate, deliver, relay, or otherwise transmit unsolicited
email messages. You may not engage in any of these prohibited activities
by using the service of any other provider, third-party agent, remailing
service, or address forwarding service, in such a way that GuruListing's network
addresses or GuruListing-hosted Web or email services are in any way identified
as being associated with the sending of unsolicited email. Other prohibited
methods of advertising or promoting your involvement with GuruListing include
multiple postings of messages to Usenet newsgroups, mailing lists, chat
rooms (including IRC, AIM, ICQ, or other interactive chat services) or
other online forums. Incidents of "spamming" or similar inappropriate
behavior should be reported to GuruListing Support using the form in the Frequently-Asked
Questions area.
NO AUTOMATED WEB SITE ACCESS
You may not send automated requests of any sort to GuruListing's system without
express permission in advance from GuruListing. Note that 'sending automated
requests' includes, among other things: 1) using any software which sends
requests to GuruListing to determine meta-data on members or data, 2) "meta-searching"
GuruListing, and 3) performing "offline" searches or accesses of GuruListing.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that GuruListing may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of messages that may be sent from or received by an account on
the Service, the maximum size of any message or attachment that may be
sent from or received by an account on the Service, the maximum disk space
that may be allotted on GuruListing's servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access the
Service in a given period of time. You agree that GuruListing has no responsibility
or liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service.
You acknowledge that GuruListing reserves the right to log off users that are
inactive for an extended period of time. You further acknowledge that
GuruListing reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
GuruListing reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that GuruListing shall not be liable to you
or to any third party for any modification, suspension or discontinuance
of the Service.
TERMINATION
You agree that GuruListing, in its sole discretion, may terminate your user
access, registration, password, account (or any part thereof) or use of
the Service, and remove and discard any Content within the Service, for
any reason, including, without limitation, for lack of use or if GuruListing
believes that you have violated or acted inconsistently with the letter
or spirit of the TOS. GuruListing may also in its sole discretion and at any
time discontinue providing the Service, or any part thereof, with or without
otice. You agree that any termination of your access to the Service under
any provision of this TOS may be effected without prior notice, and acknowledge
and agree that GuruListing may immediately deactivate or delete your account
and all related information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that GuruListing shall
not be liable to you or any third-party for any termination of your access
to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that GuruListing shall not be responsible
or liable for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such advertisers
on the Service.
LINKS
The Service may provide, or third parties may provide, links or other
means to obtain access to information from other persons, World Wide Web
sites or resources. Because GuruListing has no control over such persons, sites
and resources, you acknowledge and agree that GuruListing is not responsible
for the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources.
You further acknowledge and agree that GuruListing shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
GuruListing'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service, the GuruListing Web Site, and any
necessary software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree
that Content contained in sponsor advertisements or information presented
to you through the Service or advertisers may be protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by GuruListing or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service, the GuruListing Site, or the Software, in whole or in part.
GuruListing grants you a personal, non-transferable and non-exclusive right
and license to use the Service; provided that you do not (and do not allow
any third party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Service. You agree not to access the Service
by any means other than through the interface that is provided by GuruListing
for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. GuruListing EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GuruListing MAKES NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GuruListing OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GuruListing SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GuruListing HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND
18 MAY NOT APPLY TO YOU.
NOTICE
Notices to you may be made via posting on the GuruListing website, email or
regular mail. The Service may also provide notices of changes to the TOS
or other matters by displaying notices or links to notices to you generally
on the Service.
TRADEMARK INFORMATION
The name GuruListing and GuruListing service mark are trademarks of GuruListing Ltd. (the
"GuruListing Marks"). You agree not to use in commerce any of the GuruListing Marks.
COPYRIGHTS and COPYRIGHT AGENTS
GuruListing respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please contact GuruListing as set forth
below.
GuruListing respects copyright law and expects our users to do the same. Unauthorized
copying, distribution, modification, public display, or public performance
of copyrighted works is an infringement of the copyright holders' rights.
You should be aware that some files may have been created or distributed
without copyright owner authorization. As a condition to your account
with GuruListing, you agree that you will not use the GuruListing service to infringe
the intellectual property rights of others in any way. GuruListing has the right
to terminate the accounts of users who are repeat infringers of the copyrights,
or other intellectual property rights, of others. In addition, GuruListing reserves
the right to terminate the account of a user upon any single infringement
of the rights of others in conjunction with use of the GuruListing service, or
if GuruListing believes that user conduct is harmful to the interests of GuruListing,
its affiliates, or other users, or for any other reason in GuruListing's sole
discretion, with or without cause.
In accordance with the U.S. Digital Millennium Copyright Act of 1998
(the text of which may be found on the U.S. Copyright Office web site
at http://lcweb.loc.gov/copyright/), GuruListing will respond expeditiously to
claims of copyright infringement committed using the GuruListing service that
are reported to GuruListing's "Designated Copyright Agent" identified below.
Claims of infringement should be in writing and should be directed to
GuruListing’s designated agent as specified below. Please include the following
information:
A signature of a person authorized to act on behalf of the owner of
the copyright interest that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is
located on the site;
Your address, telephone number, and email address;
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;
A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner’s behalf.
GuruListing’s Designated Agent for Notice of claims of copyright infringement:
Email: copyright at GuruListing . com
Please report any violations of the Terms of Service to our Customer Care
group.
GENERAL INFORMATION
The TOS constitute the entire agreement between you and GuruListing and govern
your use of the Service. The TOS and the relationship between you and
GuruListing shall be governed by the laws of the British Virgin Islands without
regard to its conflict of law provisions. You and GuruListing agree to submit
to the personal and exclusive jurisdiction of the courts of the British
Virgin Islands. The failure of GuruListing to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS 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 all other provisions of the TOS 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 Service or
the TOS must be filed within one (1) year after such claim or cause of
action arose or be forever barred. The section titles in the TOS are for
convenience only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the TOS to our Customer Service group
using the feedback feature of the website's Frequently-Asked Questions
area. |