Guidebook Terms of Service
Guidebook Inc. ("Guidebook", "we" or "us") provides a platform to enable you ("you", "Client") to develop and manage mobile guides (each a "Guide") within our application ("Guidebook App"), as well as related support and hosting services. By using the guidebook.com web site ("Site") you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Guidebook reserves the right to update and change the Terms of Service from time to time without notice. Any new features that change the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time here: http:// www.guidebook.com/terms.
Violation of any of the terms below will result in the termination of your Guide and your Account. You agree to use the Service at your own risk and subject to the terms set forth below.
- You must be 16 years or older to use this Service. You must also be 16 years or older to open an account ('Account').
- You must be a human. Accounts registered by 'bots' or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your Account and password. Guidebook cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all text, data, graphics, images, photos and video files posted in your Guide ('Content') and activity that occurs under your Account (even when Content is posted by others who have access to your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and privacy laws).
Cancellation and Termination of Account
- You are solely responsible for properly canceling your account. Account cancellation requests must be submitted in writing to firstname.lastname@example.org. Cancellations by phone or sent to any other email address will not be considered valid.
- Your Guide and all of your Content will be deleted upon cancellation. This information cannot be recovered once your Account is cancelled.
- Guidebook, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Guidebook service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the deletion of all Content in your Account.
- Guidebook reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service
- Guidebook 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.
- From time to time, Guidebook may issue an update to the Service which may add, modify, and/or remove features. These updates may be pushed out automatically with little or no notice.
Copyright and Content Ownership
- We claim no intellectual property rights over your Content. Your profile and materials uploaded by you remain yours. However, by using the Service to create your Guide, you agree to allow others to view and share your Content.
- Guidebook does not pre-screen Content, but Guidebook and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The Site and the Service, including their 'look and feel' are protected by copyright, trademark, and other laws of the United States and foreign countries. Guidebook exclusively owns all right, title and interest in and to Guidebook App, the Site and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of Guidebook App, the Site or the Service without express written permission from Guidebook.
- and your Guide must abide by all applicable privacy laws and regulations.
- Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. GUIDEBOOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
- You understand that Guidebook uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Guidebook service.
- You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Guidebook.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Once you've finished building your guide, you must submit it for approval. Though the approval process typically takes less than two business days, Guidebook makes no guarantees as to how long this approval process may last for your Guide(s). If you'd like to expedite the approval process for your Guide, please contact email@example.com. Priority will be given to Clients who have purchased premium features.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Guidebook customer, employee, member, or officer will result in immediate Account termination.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or 'spam' messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Guidebook does not warrant that (i) the service will meet your specific 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 Service will be corrected.
- You expressly understand and agree that Guidebook 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 Guidebook 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; (v) or any other matter relating to the service.
- You agree to defend, indemnify, and hold Guidebook, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or the Service; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your Application.
- The failure of Guidebook to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Guidebook and govern your use of the Service, superseding any prior agreements between you and Guidebook (including, but not limited to, any prior versions of the Terms of Service).
- The maximum aggregate liability of Guidebook (whether arising in contract, tort or in any other way) under or in connection with this Agreement shall not exceed the lesser of a) charges paid to Guidebook by The Client under the relevant Purchase Agreement or b) $500 USD.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
Purchasing Premium Guides, Customer Support, Payment, and Returns
- Guidebook offers premium features and customer support available for purchase by The Client.
- Guidebook will not post Guides utilizing premium features or constructed with the use of customer support until payment is received
- Once payment has been received, Guidebook does not offer returns or refunds to Clients. If you believe you deserve a credit to your account (applicable towards future purchases), you may make an enquiry by emailing email@example.com.