GuideViews

Last Updated: July 3, 2009

Welcome to GuideViews!

GuideViews is an online community for people interested in different categories of products where users can set up a profile with all of their ratings, favorites, lists and more, connect their profile with friends and meet new people with similar taste (the "Service") through our website located at www.GuideViews.com (the "Site"). Please read the following terms and conditions ("Terms of Service") carefully. These Terms of Service govern your access to and use of the Site, including any content, information, products or Services therein. This is a legal agreement between you and GuideViews and applies to you whether you are a registered user of the Site ("Member") or a non-registered user just browsing (collectively "GuideViews Users"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility and Registration

The Site and Services may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site and Services. To become a Member you must be at least 13 years old. In order to access certain features of the Site and Services, and to post User Content (defined below), you will have to become a Member and set up an GuideViews account ("Account"), with a corresponding username and password. Your username and password will permit you to access certain features of the Site only available to Members. We encourage you to checkout our Privacy Policy for information about our policies and procedures regarding the collection, use and disclosure of personal information we receive from Members. By using the Service or the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of these Terms of Service. Membership in the Service is void where prohibited. You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to notify GuideViews of any unauthorized use of your Account or any other breach of security within (24) twenty-four hours of such use being known to you. In the event that your user name or password is lost or stolen, please notify GuideViews immediately so that a new user name or password can be created. If you become a Member, you will provide true, accurate and complete registration information and will maintain as current and promptly update relevant personal information provided to GuideViews. You will not use false identities or impersonate any other person or use a name that you are not authorized to use. If you become a Member and create an Account, you consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service; and (b) electronic records A Note to Parents of Children Under the Age of 13 The site is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas. If your children disclose information about themselves in our public discussion areas, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so. There are also commercially available tools to help you limits your children's exposure to material online. If you're worried about your children's activities or their privacy on our site, we encourage you to e-mail us at support (at) GuideViews.com

User Generated Content

"User Content" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and other content and information which Members post, upload and otherwise submit to the Site, including without limitation in Member created profile pages. GuideViews RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY USER CONTENT FROM THE SITE WITHOUT NOTICE, FOR ANY REASON OR NO REASON. You agree and warrant that any User Content you post to the sites will be true and accurate, will not defame any person or invade any person's privacy, will conform to GuideViews acceptable content standards and will not infringe the proprietary rights of any person. You agree not to furnish any User Content to which you do not own the rights. By furnishing User Content, you give GuideViews the right to use such User Content in any manner and in any media now known or hereafter invented, including, without limitation, the right to combine your User Content with User Content of third parties in varied combinations. You also acknowledge that visitors to the sites may post comments about your User Content which may be derogatory, and that GuideViews has no obligation to monitor or delete any such User Content. Please be aware that GuideViews does not and cannot monitor all of the User Content made to the sites, and therefore GuideViews is not responsible for the content of any User Content. However, GuideViews does reserve the right to delete or edit any material in any Posting that is obscene, harassing, offensive or otherwise objectionable and not in keeping with the community standards of the site. If GuideViews elects to edit any User Content, it nonetheless assumes no responsibility for the content of the User Content. Under no circumstances will GuideViews be liable for any inaccuracy or defect in any User Content. Because GuideViews does not monitor the User Content, you agree to use and rely on User Content at your own risk. GuideViews cannot make any representation or warranty about the material contained in the User Content. GuideViews likewise assumes no responsibility for any contact you may have with other users of our sites, either online or offline. If you elect to meet in person with someone you may meet on our sites, you do so at your own risk, and under no circumstances will GuideViews be liable for any activity or injury that may occur. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. GuideViews does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. GuideViews Acceptable Content Standards You agree not to post, email, or otherwise make available User Content: that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy, or harmful to minors in any way; that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that include personal or identifying information about another person without that person's explicit consent. that are false, deceptive, misleading, deceitful, misinformative, constitute "bait and switch" or impersonation of any person or entity; contain your own or a third party's advertising, branding or promotional content, except with the written approval of GuideViews; that infringe any proprietary rights, including copyright, of any party, or User Content that you do not have a right to make available; restrict or inhibit any other user from using and enjoying the GuideViews sites or the GuideViews services offered on them. that relate to products that sexual or pornographic in nature, alcoholic products, tobacco products or other products that are unlawful in any manner.

Prohibited Activities

Without limitation, you agree that you will not do any of the following while using or accessing the Site or Services: Use the Site or Services for any commercial purpose whatsoever without the advance written approval of GuideViews; Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any GuideViews Content; Upload, post, email or otherwise transmit (i) any User Content to which you do not have the lawful right to copy, transmit and display (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Content); (ii) any User Content for which you do not have the consent or permission of each identifiable person in the User Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Content) and such consent or permission is necessary; or (iii) any User Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); Use any meta tags or other hidden text or metadata utilizing a GuideViews name, trademark, URL or product name; Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation; Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information; Upload, post, email, or otherwise transmit any User Content that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any GuideViews User, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site; Upload, post, email or otherwise transmit any User Content that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Content that is unrelated to the immediate, aesthetic nature of the User Content; Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of GuideViews's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site; Attempt to probe, scan or test the vulnerability of any GuideViews system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services; Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by GuideViews or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks. Collect or store personal data about other GuideViews Users without their express permission; Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud; Use the Site or Services in any manner not permitted by this Agreement; or Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.

Copyright and Intellectual Property

Content posted on the GuideViews Sites by us is owned by us or used with permission. You may not copy, use, or retransmit anything from or for our site without our written permission. We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the RateReviewer Site or Services any materials that violate another party's intellectual property rights. You may need to obtain authorization of the owner of images you plan to add as User Content before using them; for authorizations to use an image, please contact the image owner as indicated on the source site, not GuideViews. GuideViews cannot give you authorization to use copyrighted images. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Digital Millenium Copyright Act. We may also may at our sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent: GuideViews Copyright Agent, 31344 Via Colinas, #101, Westlake Village, CA 91362 (818-707-3950).

Termination of Your Account

We may immediately terminate or suspend your access to the Site and Services and remove any material (including User Content) from the Site or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. GuideViews is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, GuideViews will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party. Third Party Links The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that GuideViews is not responsible or liable for the availability or accuracy of, and GuideViews does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Disclaimers GuideViews is not responsible or liable in any manner for any User Content or Software posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by GuideViews, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content. GuideViews is not responsible for the conduct, whether online or offline, of any user of the Site or Service. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. GuideViews assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. GuideViews is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or software posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline. THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. GuideViews reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by GuideViews. Limitation on Liability IN NO EVENT WILL GuideViews OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF GuideViews IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE GuideViews'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GuideViews FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE GuideViews'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO GuideViews FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM GuideViews, REGARDLESS OF THE CAUSE OF ACTION. Indemnity You agree to indemnify and hold GuideViews, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party. Dispute Resolution If there is any dispute about or involving the Site or Service, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. GuideViews may demand that any dispute between GuideViews and you about or involving the sites must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose. Governing Law By visiting or using the Site and/or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the GuideViews or any of our affiliates. With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California. Other These Terms of Use constitute the entire agreement between you and GuideViews regarding the use of the Site and/or the Service, superseding any prior agreements between you and GuideViews relating to your use of the Site or the Service. The failure of GuideViews to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.