Please note that GuruSnaps reserves the right to revise these TOU at any time by posting an update to this page. Your continued use of the GuruSnaps Sites or Services following the posting of changes to these TOU will mean you accept those changes. GuruSnaps reserves the right, in its sole discretion, to determine if you have violated these TOU, and to take any action it deems appropriate. You acknowledge that GuruSnaps shall have the right to terminate your access to the GuruSnaps Sites or Services for violations of any of these terms.
Personal, Non-Commercial Use: The GuruSnaps Sites are made available for your personal, non-commercial use only. Except as otherwise provided by specific terms governing a services, product or other information, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, software, products, or Services obtained from the GuruSnaps Sites. COPYING OR REPRODUCTION OF CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED EXCEPT TO ANY EXTENT ALLOWED BY A RELEVANT LICENSE AGREEMENT.
User Content: Site Users may have the opportunity to upload various forms of content to GuruSnaps Sites which may include Guru reviews, Guru Topics content, Site User contributions to Guru Topics discussions, marketing copy, and other information, data, text, sound, photographs, graphics, video, messages, tags, or other materials in connection with their use of the Services (“User Content”). By submitting User Content, you give GuruSnaps a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Content.
GuruSnaps permits certain Guru reviews to be submitted anonymously. GuruSnaps may, but shall not be required, to make additional inquiries of anonymous Site Users to evaluate the value and trustworthiness of the review submitted. GuruSnaps may disclose any information in its possession about anonymous Site Users in order to: (a) comply with the law or legal process served on GuruSnaps; (b) protect and defend the rights or property of GuruSnaps (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of users of GuruSnaps services or members of the public. GuruSnaps makes no representation that an anonymous Site User’s name will.
Visitors to GuruSnaps Sites acknowledge that: (i) GuruSnaps may not pre-screen User Content and, as such, GuruSnaps does not guarantee the accuracy, integrity, or quality of such User Content; (ii) you will evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content; (iii) you may be exposed to User Content that is indecent, offensive, or otherwise objectionable; and (iv) under no circumstances will GuruSnaps be liable in any way for any User Content, including, but not limited to, any errors or omissions in any such User Content, or for any loss or damages or any kind incurred as a result of the use of any such User Content.
If GuruSnaps is made aware of User Content that may be: (i) libelous, obscene, excessively violent, scandalous, defamatory, or that GuruSnaps determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) holds GuruSnaps, its affiliates or third party content or product providers open to scorn or ridicule, GuruSnaps has the right, but not the obligation, to remove or disable access to such User Content. GuruSnaps may reject or decline to publish any Guru review at any time for any reason.
Third-Party Content, Links and Services: The GuruSnaps Site may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services (“Third Party Content”). In consideration for the convenience of GuruSnaps making Third Party Content available or accessible to you, you acknowledge that GuruSnaps is not responsible for any such Third Party Content. You also agree that GuruSnaps is not responsible or liable for any losses or damages you experience with any Third Party Content you chose to rely upon or advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you. GuruSnaps may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party involvement is acceptable.
GuruSnaps Intellectual Property Rights
GuruSnaps and the GuruSnaps logo and related Services names and logos (the “Marks”) are the trademarks of GuruSnaps, Inc., or its licensors, in the United States, other countries, or both. Except for User Content and Third Party Content, the GuruSnaps Sites, including the compilations of public data (“Data”), trademarks and logos, designs, text, graphics, sounds, images, and software of GuruSnaps, (the “Site Materials”) are the intellectual property of GuruSnaps, its licensors, affiliated companies, or other third parties. The Site Materials are protected by United States and foreign intellectual property laws. Except as stated herein, none of the Site Materials may be copied, reproduced, or distributed in any form without the prior written permission of GuruSnaps.
Copyright Infringement and Copyright Agent: GuruSnaps will, in circumstances it deems appropriate, terminate a Site User’s right to participate in the GuruSnaps Services, and/or remove or disable access to Content, if such Content is claimed to infringe the intellectual property rights of a third party.
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on any GuruSnaps Site, please provide notice to the GuruSnaps Copyright Agent including the following information:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
2. A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.
3. A description of where the material that you claim is infringing is located on a GuruSnaps Site.
4. Information sufficient to permit GuruSnaps to contact you, such as your physical address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
The GuruSnaps Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
51 Melcher Street
Boston, MA 02210
YOU SHOULD CONTACT THE COPYRIGHT AGENT ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND THAT SUCH INFRINGEMENT IS OCCURRING ON A GURUSNAPS SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES.
Site User Responsibilities and Conduct: Site User is responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). Site User is responsible for those fees. In addition, Site User must provide and is responsible for all equipment necessary for Site User to access the Services.
Site User shall (i) be responsible for its compliance with the Agreement; (ii) be solely responsible for the accuracy, quality, integrity and legality of the Content contained on their designated web pages and all electronic data or information submitted by Site User in connection with the use of the Services; and (iii) use reasonable efforts to prevent unauthorized access to or use of the Services, and notify GuruSnaps promptly of any such unauthorized access or use. Registered User represents and warrants that it has the right to use the Content and that it has obtained all third party consents, permits and/or licenses necessary or required to grant the rights granted to GuruSnaps hereunder and for GuruSnaps to provide the Services to Site User.
Site User further agrees:
- to comply with the Rules & Guidelines included on the “Review a Guru” page when submitting any review;
- not to use, or attempt to use, the Services to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, libelous, or invasive of another person's privacy or proprietary rights;
- not to impersonate, or attempt to impersonate, any other individual, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with GuruSnaps, or otherwise attempt to mislead with respect to Site User’s identity; and
- to monitor activity with regard to their Guru Topics Content and to flag any Content that violates the provisions of these TOU.
Charges, Billing, Payment: Charges for the Services, if applicable, as well as refund and other policies, are set forth on the “Manage Plan” page. In order to register for Services that require payment of a fee, you must be a Site User and provide GuruSnaps with your credit card information. GuruSnaps may take commercially reasonable actions to validate your credit card information. You agree that when you sign up for a Service that requires payment of a subscription fee the credit card number you provided will be charged a prorated amount for the current calendar month, if applicable when you sign up and thereafter on or before the first business day of each month on a recurring basis until you cancel the Service. Such charges will include any or all of the following: (1) monthly subscription fee, in advance; (2) non-recurring fees that were incurred by the Site User in the previous month; and (3) any unpaid amounts due from previous months, including late payment fees and interest accrued, as applicable. If GuruSnaps does not receive payment from your card issuer, you agree to pay GuruSnaps all amounts due immediately upon demand. Fees do not include, and Site User is responsible for, all sales, use and other applicable taxes. All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the Site User, or in the form of an announcement on the Service.
You must pay for all charges in full each month as set forth in this section. In the event of late payment, GuruSnaps reserves the right to suspend the provision of the Services to you and/or impose a late payment fee and/or charge interest on any amounts overdue. Such late payment fee will be the lesser of: (1) one and one-half percent (1.5%) of such overdue payment per every thirty (30) day period or portion thereof; or (2) the maximum amount permissible by applicable law. You agree to pay all attorneys’ and collection fees arising from efforts by GuruSnaps to collect any past due amounts from you to the extent allowed by law.
Basic and Premium Accounts: Registered Site Users may select a “Basic,” “Plus,” or “Pro” account.
For Plus and Pro accounts, all charges are final and non-refundable. No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving the removal by GuruSnaps of a Site User. There are no charges for canceling a subscription, and subscriptions cancelled at least 48 hours prior to the end of any calendar month will not be charged again in the following calendar month. The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of access to Content, features, or an increase or reduction in the other functionality provided by the Service.
Compliance with Laws: By accessing or using the GuruSnaps Sites, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the use of the GuruSnaps Sites and any Services. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained in the GuruSnaps Sites to countries or persons prohibited under the export control laws of the United States. GuruSnaps makes no representation that the content on the GuruSnaps Site is appropriate or available for use outside the United States. If you have chosen to access the GuruSnaps Site from outside the United States, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.
Legal Disclaimers: The GuruSnaps Sites and the information provided therein are for the convenience of users of the GuruSnaps Site and for customers and potential customers of GuruSnaps and its Services.
You acknowledge and agree that the User Content and Third Party Content (collectively “Content”) and the Data include public data and contributions, that there are inherent limitations to the accuracy or currency of such information, and that Content or Data may be incomplete, may contain inaccuracies, or may be based on opinion. GURUSNAPS DOES NOT SCREEN DATA OR CONTENT FOR ACCURACY OR TRUSTWORTHINESS. TO THE FULLEST EXTENT PERMITTED BY LAW, GURUSNAPS AND ITS AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES OR SOFTWARE. THE GURUSNAPS SITES AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GURUSNAPS DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE GURUSNAPS SITES OR SERVICES. GURUSNAPS DOES NOT WARRANT THAT THE GURUSNAPS SITES OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE GURUSNAPS SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITES, SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES IS GURUSNAPS, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE GURUSNAPS SITES OR THE CONTENT AND SERVICES AVAILABLE THEREON. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF GURUSNAPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
The above limitation applies to your use, misuse, or reliance upon the GuruSnaps Sites, including, without limitation, damages you may incur because of User Content or third-party products or services advertised on, or linked to from the GuruSnaps Sites.
Governing Law; Severability: These TOU and all claims related to them, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions. You agree and irrevocably submit to the exclusive personal jurisdiction and venue in the state or federal courts located in Boston, Massachusetts, with respect to such matters. If for any reason, a court of competent jurisdiction finds any provision or portion of the TOU to be unenforceable, the remainder of the TOU will continue in full force and effect.
Entire Agreement, Waiver; Assignment: These TOU constitute the entire agreement between you and GuruSnaps, Inc., with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any failure by GuruSnaps to enforce a provision of these TOU is not a waiver of its right to do so later. If any provision of these you may not assign or delegate any rights or obligations hereunder. GuruSnaps may assign and/or delegate all of its rights and/or duties at its sole discretion to any third party.