End User License Agreement for Guidebook App

Last Updated June 4, 2024

This is a legally binding agreement. Please read it carefully. By clicking "I Agree," or installing or using the Guidebook Mobile App software and/or any updates to such software provided by Guidebook, Inc. (the "App"), you, as the user of the App ("You"), agree to the following terms:
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1. General Terms
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Your network connectivity provider may, at any time and without notice, restrict, interrupt or prevent use of the App, or delete the App from your mobile device, or require Guidebook to do any of the foregoing, without entitling You to any compensation from Guidebook or any third party (including, but not limited to, your network connectivity provider).
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This End User License Agreement is effective between You and Guidebook as of the date You first download, install or use the App, whichever is earliest. You are responsible for reading and complying with any amended version of this End User License Agreement that is made available by Guidebook via the App.
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If you do not agree to this End User License Agreement, do not click “I Agree” (or similar) and do not access or otherwise use Guidebook’s App. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our App. On termination, you lose the right to access or use the services provided by the App.
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2. Obligations
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The App is not for use by anyone under the age of 16. To use the App, you agree that: (1) you must be the "Minimum Age"(described below) or older; (2) you will only have one Guidebook account, which must be in your real name; and (3) you are not already restricted by Guidebook from using the App. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
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“Minimum Age” means 16 years old. However, if law requires that you must be older in order for Guidebook to lawfully provide the App to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
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End users are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account; and (3) follow the law. You are responsible for anything that happens through your account unless you close it or report misuse.
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You agree that we will provide notices and messages to you in the following ways: (1) within the App, or (2) sent to the contact information you provided us (e.g., email). You agree to keep your contact information up to date.
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Our App allows messaging and sharing of information in many ways, such as your profile, articles, and posts. Information and content that you share or post may be seen by others. Where we have made settings available, we will honor the choices you make about who can see content or information.
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3. License Grant & Use Restrictions
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The App, including software embedded in the App, is licensed, not sold, to You by Guidebook only under the terms of this End User License Agreement, and Guidebook reserves all rights not expressly granted to You. Guidebook does not own the media or device on which the App is recorded or stored, but Guidebook and its licensors retain ownership of the App itself.
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a. This End User License Agreement allows You to use the App on any Supported Device and on no other devices. "Supported Device" is a combination of a mobile device model and relevant device software version(s) that are supported by the App.

b. The App is available only for Supported Devices, and may not be available for all devices.

c. You may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not sell, resell, rent, lease, lend, redistribute, sublicense, or otherwise make the App available.

d. With respect to updates to the App that Guidebook may make available for download, this End User License Agreement allows You to download such App updates to update or restore the App on any Supported Device.

e. You may not use the App to submit or link to any content that, in Guidebook’s sole discretion:
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- Infringes or violates the intellectual property or other rights of any person or entity;
- Intentionally interferes with the operation of the App or Guidebook’s events;
- Violates anyone’s privacy or publicity rights;Breaches any duty of confidentiality that You owe to any person or entity;
- Is vulgar, offensive, inappropriate, harassing, defamatory, abusive, lewd, pornographic, obscene or otherwise objectionable;
- Contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of any software or hardware;
- Contains false or deceptive language or comparative claims regarding Guidebook’s or third parties’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of lawsuits; or, any content that Guidebook may reject for any reason in its sole discretion. Please remember that You may be submitting or linking to content for an international audience. Things that do not seem abusive, obscene, or offensive to You might seem so to others.

4. Guidebook Services
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To log in to the App, You must have a registered account with Guidebook. Your use of the App is subject to the terms and conditions of the applicable event registration or use of the Guidebook services.
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Guidebook may do any of the following at any time, with or without notice or cause, and without any liability to You: (a) change, suspend, or terminate any features or functionality on the App; (b) impose limits on certain features or functionality on the App; (c) terminate this End User License Agreement. Upon any such termination or expiration, You shall no longer be permitted to use the App, and shall delete or destroy all copies of the App in your possession. Modification, suspension, or termination of the App or this End User License Agreement shall not entitle You to any compensation from Guidebook under this agreement or any other agreement or from any third party.
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5. Your License to Guidebook
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You represent that you have all right, title, and interest to materials you post on the App ("Materials"), including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Materials.  You also represent that posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You grant to us all rights, licenses and permissions necessary to display, reproduce, disseminate Materials provided through or disclosed by you.
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6. Copyright
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The App is protected by copyright laws and international treaties. Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the App, You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the App or App updates, or any part thereof. Any attempt to do so is a violation of this End User License Agreement and the rights of Guidebook and/or its licensors. If You violate this restriction, You may be subject to prosecution and damages.
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7. Use of Data & Privacy Statement
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By using the App, You agree with the terms of our Privacy Policy, including collection of location-based information to provide you with the features of the App.
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Without limiting the generality of the foregoing, the App may obtain information from, or access data stored on, a Supported Device to provide and improve the App and related services.
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The App may provide Guidebook with information related to your use of the App, information regarding your computer system, and information regarding your interaction with the App, which Guidebook may use to provide and improve the App and related services.
Additionally, when you use a mobile guide created and managed by a Guidebook customer (referred to as a “Guide), certain data may be shared with the customer who designed the Guide. This data includes, but is not limited to, your contact information and data related to your download and use of the Guide.
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8. Automated Processing
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We use the information and data that you provide to make recommendations for events, content and features that may be useful to you. For example, we use data and information about you to recommend events. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
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9. Your Representations and Warranties
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You represent and warrant that in connection with Your use of the App, You will (a) supply truthful and accurate information to Guidebook, (b) comply with all applicable laws.
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10. Disclaimer of Warranty
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Neither Guidebook nor its THIRD-PARTY providers warrant the App will perform in accordance with any specifications, documentation, or other standards, perform in an uninterrupted capacity, be error-free or bug-free, provide complete or accurate data, nor do they make any warranties as to the results to be obtained from the use of the App. Use of the App and reliance thereon is at your sole risk.
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Neither Guidebook nor its THIRD-PARTY providers will in any way be liable to You or any other entity or person for their inability to use the App, or for any inaccuracies, errors, omissions, delays, computer viruses or other infirmity or corruption, damages, claims, liabilities or losses, regardless of cause, in or arising from the use of the App. The App is provided on an "as is" basis and without warranty or any technical support of any kind. No warranties, either express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, or of any other type is provided hereunder.
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No oral or written information or advice given by Guidebook or its authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
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11. Limitation of Liability
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Your use of the App is entirely at your own risk. Under no circumstance will Guidebook, its agents, licensors, or suppliers be liable to You on account of your use or misuse of, or reliance on, the App to the extent permitted by law, in no event will Guidebook, its agents, licensors, or suppliers be liable to You for any actual, direct, indirect, incidental, special, consequential, or punitive damages, including any lost profits, lost savings, costs of procurement of substitute products or services or other damages arising out of the use or inability to use the App even if advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation that restricts the limitation or exclusion of liability, so the above limitation may not apply to You.
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12. Governing Law
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This End User License Agreement is governed by and construed in accordance with the laws ofCalifornia, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under this End User License Agreement and or Your use of the App resides in the courts located in San Francisco, California, and You further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in this End User License Agreement is not enforceable, that will not affect any other provision.
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13. Miscellaneous
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To the extent you use the App to send SMS messages or make cellular voice calls, you may besubject to standard text messaging rates or other carrier charge.
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14. Additional Terms Required by Apple Inc.

a. This End User License Agreement is between You and Guidebook only, and not with Apple. Guidebook is solely responsible for the App.

b. Your use of the App must comply with the Usage Rules set forth in the Apple App Store Terms of Use. The license granted to You for the App is a non-transferable license to use the App on any iOS Products that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with You via Apple's Family Sharing program or volume purchasing.

c. Guidebook is solely responsible for providing and Apple has no obligation to provide maintenance and support for the App. Support requests, as well as questions or complaints regarding the App, may be directed to Guidebook at support@guidebook.com.
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d. In the event of any failure of the App to comply with any warranty that may exist as a matter of law, You may notify Apple, and Apple will refund the purchase price for the App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and will not be liable for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Guidebook shall not be required to provide a refund to You under any circumstances.

e. Apple shall not be responsible for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App, including but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.

f. Apple shall not be responsible for the investigation, defense, settlement or discharge of any claim that the App, or your possession and use of the App, infringes a third party's intellectual property rights.

g. You represent and warrant that (i) the App will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a "terrorist-supporting" country, and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

h. Apple and its subsidiaries are third-party beneficiaries of this End User License Agreement, and have the right (and shall be deemed to have accepted the right) to enforce this End User License Agreement against You.

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15. Additional Terms Required by Google Inc.
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a. This End User License Agreement constitutes an end user license agreement (EULA) in lieu of any license grant provided by Google to use the App on a Supported Device. This End User License Agreement is between You and Guidebook only, and not with Google. Guidebook is solely responsible for the App.

b. The Google Play marketplace is owned and operated by Google Inc. Your use of Google Play is governed by a legal agreement between You and Google consisting of the Google Terms of Service (found at http://www.google.com/accounts/TOS) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html and together with the Google Terms of Service called the "Terms"). In addition, your use of Google Play is subject to the Google Play Business and Program Policies (http://play.google.com/about/android-developer-policies.html). The Google Play Market Terms of Service, Google Play Business and Program Policies, and Google Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.

c. Guidebook is solely responsible for providing and Google has no obligation to provide maintenance and support for the App. Support requests, as well as questions, complaints or claims regarding the App, may be directed to Guidebook, which You may contact by email at support@guidebook.com.

d. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the App, and will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Guidebook shall not be required to provide a refund to You under any circumstances.

e. Google shall not be responsible for addressing any claims by You or any third party relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.

f. Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the App or your possession and use of the App infringes a third party's intellectual property rights.

g. You represent and warrant that (i) the App will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a "terrorist-supporting" country, and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

h. Google Inc. and its subsidiaries are third-party beneficiaries of this End User License Agreement, and have the right (and shall be deemed to have accepted the right) to enforce this End User License Agreement against You.

i. In order to continually innovate and improve Google Play, Google may collect certain usage statistics from Google Play and Supported Devices, including but not limited to, information on how Google Play and Supported Devices are being used. The data collected is examined in the aggregate to improve Google Play for users and developers and is maintained in accordance with Google's Privacy Policy. To ensure the improvement of the App, limited aggregated data may be available to Guidebook upon its written request.
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16. Notice for California Users
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Under California Civil Code Section 1789.3, Users located in California are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
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17. General
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This Agreement, including any terms incorporated in this End User License Agreement, is the entire agreement between you and Guidebook relating to its subject matter, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, relating to that subject matter; provided that nothing in this End User License Agreement will limit your obligations to Guidebook or any of its affiliates, or limit the rights of Guidebook or any of its affiliates, under any other agreement between Guidebook or any of its affiliates and (a) you or (b) any customer of Guidebook or any of its affiliates with which you are employed, affiliated or associated. If any provision of this End User License Agreement is held by a court of competent jurisdiction to be contrary to law and/or not enforceable, that provision will be deemed null and void, and the remaining provisions of this End Use License Agreement will remain in effect. You may not assign or transfer any of your rights or obligations under this End Use License Agreement, whether by operation of law or otherwise. Guidebook may assign, transfer or sublicense any or all of its rights or obligations under this End User License Agreement without restriction. Guidebook’s waiver of any breach under this End User License Agreement will not be considered a waiver of any earlier or later breach. No failure or delay by Guidebook in exercising any right under this End User License Agreement will constitute a waiver of that right. Titles and headings of sections of this End User License Agreement are for convenience only and will not affect the construction of any provision of this End User License Agreement. The term “including” and its variations will be interpreted as if followed by the phrase “without limitation.” Guidebook will not be responsible for any delay in fulfilling or failure to fulfill any obligation due to any cause beyond its control.
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Contact Us
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If you have any questions about this End User License Agreement or otherwise need to contact us for any reason, you can reach us at support@guidebook.com.