Terms of Use Agreement
Read This "Terms of Use" Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on (Oct 1, 2008).
This Terms of Use Agreement (the "Agreement") sets forth the terms,
standards and codes of conduct of GuruShare.com™ (the "Site") operated
by GuruShare Inc. ™ ("GuruShare"). By using the Site, you (the "User")
agree to these terms and conditions. If you do not agree to the terms and conditions
of this Agreement, you should immediately cease all usage of the Site and Service
(defined below). GuruShare reserves the right to modify the terms of this Agreement
at any time, without notice, which modification shall be effective immediately upon
posting to the Site. Accordingly, we suggest that you check this page periodically.
To make your review more convenient, we will post a version number or date at the
top of this page. Your continued use of the Site and Service after amendments are
posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
GuruShare™ provides:
- The Site;
- Free downloadable instructional videos;
- The ability to freely upload videos to the Site which may be freely downloaded
by other users of the Site (collectively the "Service").
To access the Service, User must provide: (1) all equipment necessary for their
own Internet connection, including computer, modem, and portable media player; (2)
all equipment necessary to produce their own instructional videos; and (3) access
to the Internet via an Internet Service Provider, and payment of all fees relating
to such Internet connection.
2. User Obligations
You, as a User of GuruShare agree not to do any of the following while using the
Site or Service:
- Violate any Federal, State or local laws or regulations;
- Post or transmit any Content that You do not have the right to post or transmit
under any law, contractual duty or fiduciary relationship;
- Post or transmit any Content that infringes a third party's intellectual
property rights, rights of publicity or privacy;
- Post or transmit any Content that is unlawful, untrue, harassing, libelous,
defamatory, sexually explicit, hateful, abusive, tortious, threatening, harmful
(including but not limited to viruses, corrupted files, or any other similar software
or programs) or otherwise objectionable;
- Access, tamper with or use non-public areas of the Site. Unauthorized individuals
attempting to access these areas of the Site may be subject to prosecution. GuruShare
will report any unauthorized or illegal activity to the proper authorities;
- Tamper with postings of other users; gather and use information, such as other
users' email addresses, available from the Site to transmit any unsolicited
advertising, "junk mail", "spam", or "chain letters”. GuruShare
will monitor all access activities related to its website, services and transmissions;
- Post false or misleading information about a product or service;
- Impersonate or misrepresent your affiliation with any person or entity.
- Sell, rent, reproduce, modify, display, publish, perform, and/or prepare derivative
works based on materials furnished by GuruShare or other users of the Service for
any commercial purpose without the prior written consent of GuruShare or the rights
holder.
3. User Submissions - Rights and Warranties Granted to GuruShare
When User posts information, text, files, links, software, or other materials
("User Submitted Content") to the Site, User grants to GuruShare:
- A royalty-free, non-exclusive, worldwide, perpetual, irrevocable, fully-sub-licensable
right to use, reproduce, modify, transmit, distribute, perform, display and delete
such User Submitted content (in whole or in part);
- A right to incorporate such User Submitted Content in other works in any form,
media or technology now known or later developed;
- A right to redistribute such User Submitted Content, in a downloadable or
non-downloadable form, to Internet video services, including without limitation,
Google™ Video, Yahoo! ™ Video and YouTube™.
When User posts User Submitted Content, it warrants that it is either the owner
of all materials comprising the User Submitted Content, or that the owner of any
materials not owned by User comprising such User Submitted Content has expressly
granted User all rights necessary to participate in the activities covered by this
Agreement.
4. Unedited and Unmonitored User Submitted Content
In the case of User Submitted Content, GuruShare acts as a distributor (not a
publisher) of unedited content supplied by third parties and users of this Site.
GuruShare exercises no editorial control over such content. Any opinions, advice,
statements, services, offers, or other information or content expressed or made
available by User Submitted Content are those of the respective Users and not of
GuruShare. GuruShare neither endorses nor is responsible for the accuracy or reliability
of any opinion, advice, information, or statement made on this Site by anyone other
than authorized GuruShare employees acting in their official capacities or third
parties over whom GuruShare exercises editorial control. YOU UNDERSTAND AND ACKNOWLEDGE
THAT GURUSHARE DOES NOT MONITOR USER SUBMITTED CONTENT FOR ACCURACY OR RELIABILITY.
5. Disclaimer of Service
THE INFORMATION PROVIDED MAY NOT BE ACCURATE, SUFFICIENT OR APPROPRIATE FOR EVERY
INDIVIDUAL OR SITUATION. YOU USE THE SITE AND THE INFORMATION, CONTENT, PICTURES,
VIDEOS, DIAGRAMS, AND THE LIKE OBTAINED THEREFROM AT YOUR OWN RISK. GURUSHARE™ STRONGLY
URGES YOU TO CONSULT A PROFESSIONAL OR GAIN AN EXPERT OPINION FROM THE APPROPRIATE
FIELD BEFORE USING ANY OF THE INFORMATION PROVIDED ON GURUSHARE’S WEBSITE.
6. Modifications and Interruption to Service
GuruShare reserves the right to modify or discontinue the Service without notice
to the User. GuruShare shall not be liable to User or any third party should GuruShare
exercise its right to modify or discontinue the Service. User acknowledges and accepts
that GuruShare does not guarantee continuous, uninterrupted or secure access to
our website and operation of our website may be interfered with or adversely affected
by numerous factors or circumstances outside of our control.
GuruShare makes efforts to maintain a clean and virus free server, however GuruShare
does not warrant that the Site and Service will be error free or free of viruses
or other harmful components. Users should maintain backup copies of its User Submitted
Content.
7. Cost to User
GuruShare does not currently charge users of the Site, a Service membership fee
or any access charges to download or view videos, but reserves the right to do so
in the future for these and any future services provided.
8. Minimum Age Requirement
You may not use the Service unless you are at least thirteen (13) years old. In
accordance with the Federal Children's Online Privacy Protection Act of 1998
(COPPA), GuruShare will never knowingly solicit nor will it accept personally identifiable
information from users known to be under thirteen (13) years of age. You affirm
that you are over the age of thirteen (13) years.
9. Compliance with Laws
User assumes all knowledge of any applicable laws and is responsible for compliance
with any such laws. User may not use the Service in any way that violates any relevant
state, federal, or international laws, regulations or other government requirements.
User further agrees not to transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise violate
any federal, state, local or international laws or regulations.
10. Disclaimer of Warranties
The Site and Service is provided by GuruShare on an "as is" and on an
"as available" basis. GURUSHARE EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS
OR IMPLIED, REGARDING THE SITE, SERVICE OR ITS CONTENT, INCLUDING ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FOREGOING
EXCLUSION OF IMPLIED WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW
IN THE APPLICABLE JURISDICTION.
11. Limitation of Liability
IN NO EVENT SHALL GURUSHARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO
OR USE OF GURUSHARE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH
THE SITE AND SERVICE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE AND SERVICES, WHETHER
BASED IN WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
GURUSHARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
USER SPECIFICALLY ACKNOWLEDGES THAT GURUSHARE SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU, THE USER.
12. Indemnification
User agrees to indemnify and hold GuruShare, its parents, subsidiaries, affiliates,
successors, agents, representatives, officers, employees and contractors (if any),
harmless from and against any and all third party claims, demands, losses, damages
(actual and consequential), suits, judgments, litigation costs and attorneys'
fees, of every kind and nature arising from or in any way related to: (i) use of
the Site and/or the Service; (ii) violation of any term of this Agreement; (iii)
violation or infringement of any third party rights; or (iv) any claim that your
User Submitted Content caused damage to a third party. In such a case, GuruShare
will provide you with written notice of such claim, suit or action.
Any claim or dispute between User and GuruShare that arises from User's use
of the Site and Service shall be decided exclusively by a court of competent jurisdiction
located in CHICAGO, ILLINOIS.
YOU AND GURUSHARE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO
THE SITE AND SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13. Cancellation
User may cancel its registration at any time by notifying us. GuruShare may terminate
a User's registration at any time for any reason without notice. When a User's
registration is cancelled, that User may no longer have access to User Submitted
Content in the Site and Service. The material may be deleted if user cancels or
GURUSHARE terminates user’s registration. The provisions entitled "Disclaimer
of Warranties," "Indemnification," "Limitation of Liability,"
and "General Provisions" will survive cancellation of a User's registration.
14. Advertising Rights
GuruShare reserves and has the right to sell, license and/or display any advertising,
promotional and distribution rights in connection with User Submitted Content and
GuruShare will be entitled to retain any and all revenue generated from any sales
or licenses of such advertising, promotional or distribution rights.
15. Third-Party Sites
The Site may include links to other sites on the Internet that are owned and operated
by online merchants and other third parties. User acknowledges that GuruShare is
not responsible for the availability of, or the content located on or through, any
third-party site. User should contact the site administrator or webmaster for those
third-party sites if there are any concerns regarding such links or the content
located on such sites. User's use of those third-party sites is subject to the
terms of use and privacy policies of those individual sites, and GuruShare is not
responsible therein. GuruShare encourages all Users to review said terms of use
and privacy policies of third-parties' sites.
16. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by vendors
or collected from publicly available sources. GuruShare makes no warranties or representations
whatsoever with regard to any product provided or offered by any vendor, and you
acknowledge that any reliance on representations and warranties provided by any
Vendor shall be at your own risk.
17. Copyright and Trademark Information
All content included or available on this site, including videos, site design,
text, graphics, interfaces, and the selection and arrangements thereof is GuruShare
Inc. ™, with all rights reserved, or is the property of GuruShare and/or third parties
protected by intellectual property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission of an authorized
officer of GuruShare is strictly prohibited. Users agree that they will not use
any robot, spider, or other automatic device, or manual process to monitor or copy
our web pages or the content contained therein without prior written permission
of an authorized officer of GuruShare.
GuruShare is the proprietary mark of GuruShare Inc.™ GuruShare trademarks may
not be used in connection with any product or service that is not provided by GuruShare,
in any manner that is likely to cause confusion among customers, or in any manner
that disparages or discredits GuruShare.
All other trademarks displayed on the Site are the trademarks of their respective
owners, and constitute neither an endorsement nor a recommendation of those vendors.
In addition, such use of trademarks or links to the web sites of vendors is not
intended to imply, directly or indirectly, that those Vendors endorse or have any
affiliation with GuruShare.
18. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, GuruShare designates the following individual
as its agent for receipt of notifications of claimed copyright infringement:
By Certified Mail, Return Receipt Requested to Klise & Biel, Ltd., 1478 West
Webster Avenue, Chicago, Illinois 60614
19. Botnets
GuruShare retains the right, at our sole discretion, to terminate any accounts
involved with botnets and related activities. If any hostnames are used as command
and control points for botnets, GuruShare reserves the right to direct the involved
hostnames to a honeypot, loopback address, logging facility, or any other destination
at GuruShare's discretion.
20. General Provisions
This Agreement may not be transferred or assigned to a third party by User, but
this Agreement may be assigned to a third party by GuruShare without restriction.
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
extent.
This Terms of Use Agreement shall apply in addition to, and shall not be superseded
by, any other written agreement between us in relation to your participation as
a User.
User agrees that by accepting this Terms of Use Agreement, User is consenting
to the use and disclosure of their personally identifiable information and other
practices described in our Privacy Policy Statement. User agrees that: (i) the Site
is operated and provided in the State of ILLINOIS; (ii) the Site shall be deemed
a passive website that does not give rise to personal jurisdiction over GuruShare,
either specific or general, in jurisdictions other than ILLINOIS.
This Agreement shall be governed by the internal substantive laws of the State
of ILLINOIS, without respect to its conflict of laws principles.
Any claim or dispute between User and GuruShare that arises from User's use
of the Site and Service shall be decided exclusively by a court of competent jurisdiction
located in CHICAGO, ILLINOIS.
If you choose to access the Site you agree to do so subject to the internal laws
of the STATE OF ILLINOIS.
YOU AND GURUSHARE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO
THE SITE AND SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.