By creating a user account or accessing and using the guppers.com web site, you
agree that you have read, understand and accept the terms and conditions below for
all use of the Guppers services, including the guppers.com web site and the Guppers
Group Messaging System (collectively, the "Services"). If you do not agree to these
terms and conditions, do not use any of the Guppers Services.
If any provision of these terms and conditions is held to be invalid or unenforceable,
such provision shall be deemed superseded by a valid enforceable provision that
most closely matches the intent of the original provision and the remaining provisions
shall be enforced. Guppers's failure to act with respect to a breach by any user
or others does not waive Guppers's right to act with respect to subsequent or similar
breaches. The failure of Guppers to exercise or enforce any right or provision of
these terms and conditions shall not constitute a waiver of such right or provision.
The section headings and subheadings contained in this Agreement are included for
convenience only, and shall not limit or otherwise affect the terms of this Agreement.
This agreement shall be interpreted in accordance with the laws of the State of
New York
without regard to conflict of laws principles. All claims arising from this agreement
must be filed in the state or Federal courts located in
New York, New York. This agreement constitutes the entire agreement between Guppers and User with
respect to the subject matter hereof.
Guppers May Change or Suspend Services
Guppers may, at its sole discretion, terminate or suspend the access to the Services
or any portion thereof of any user for any reason. Guppers may also terminate or
suspend any group for any reason.
Eligibility
You must be at least 18 years old to be eligible to use the Services. However, if
you are at least 13 years old but not yet 18, you may use the Services if -- and
only if you have your parents' or guardians' prior permission. No one under
age 13 may use the Services under any circumstances. By creating a user account,
you are representing that you are at least 18, or that you are at least 13 years
old and have your parents permission to register for the Services.
Passwords
Upon registration for the Services, you will choose a login and a password. You
understand that you are solely responsible for maintaining the confidentiality of
your password, and that you shall be solely and fully responsible for all activities
that occur under your login and password. Guppers shall not be responsible for any
loss, claim or other liability that may arise from the unauthorized use of any password.
If a password is lost or stolen it is the user's responsibility to notify Guppers,
so that the missing password can be deactivated and a new one assigned.
Use Restrictions
As the user, you are required to accept total responsibility for your behavior and
conduct while using the Services. Common courtesy and mutual respect are necessary
when communicating with other members of Guppers. Because Guppers hopes to promote
a safe, fun and respectful atmosphere for our users, please read over the following
list of what actions you agree to refrain from while using the Services:
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Sending, posting, exchanging, sharing, promoting, or advertising harmful, obscene,
defamatory, misleading, slanderous, harassing, abusive, threatening, offensive or
unlawful material or material that violates anyone else's rights, including their
right to privacy.
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Assuming the identity of any individual other than yourself. You may not impersonate
another member, or a Guppers staff member.
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Distributing or sending unsolicited e-mail, text or voice message, or "spam," "chain
letters" or "pyramid schemes" or any other form of unauthorized solicitation, including
promotions and/or advertising of products or services.
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Uploading or transmitting materials through Guppers.com which: (i) restrict or inhibit
any other users from using and enjoying the Services; (ii) contain a virus or other
harmful component, files or programs designed to interrupt, destroy or limit the
functionality of any computer software, hardware, telecommunications equipment or
system; (iii) are intended to violate system integrity, including the use of any
device, software or routine to interfere with the proper working of Guppers.com;
(iv) monitor or copy content on Guppers.com by using any robot, spider, crawler
or other automatic device or manual process, without our prior written permission;
or (v) impose an unreasonable or disproportionately large load on Guppers's infrastructure.
Commission of these or other illegal, fraudulent or deceptive acts may subject you
to sanctions, including termination of your access to the Services, and possible
civil or criminal liability. Guppers has the right, but not the responsibility to
eliminate or remove any content or terminate any user groups that may violate these
restrictions.
We reserve the right to edit, move, or delete any of your content for any reason
and our Clients may do the same. We may preserve and disclose content or user information
if required to do so by law or in the good faith belief that doing so is necessary
to: (i) comply with legal process; (ii) enforce these terms; (iii) respond to claims
that any content violates the rights of third parties; (iv) protect the rights,
property, or personal safety of Guppers, any users of our Services or the public;
or (v) administer the Services.
Submissions
We welcome your comments and suggestions regarding the web site. However, Guppers
will be entitled to use, reproduce, disclose, publish and distribute any Comments
you submit for any purpose whatsoever, without restriction and without compensating
you in any way. For this reason, we ask that you not send us any Comments that you
do not wish to assign to us, including any confidential information or any original
creative materials such as stories, product ideas, computer code or original artwork.
You agree not to submit any Comments that may be submitted in violation of law or
any agreement or obligation to keep the content of such Comments confidential. Guppers
expressly disclaims any interest in any Comments that you are not authorized to
submit. Of course, any information you submit which personally identifies you will
be subject to our Privacy Policy.
Ownership
With the exception of Comments discussed above, anytime you publish through Guppers,
upload to and or distribute information through our Service, you are granting Guppers
the right to publicly display, copy, edit, delete and distribute such works. You
agree to and hereby assign any rights you may have in user groups that you create
or participate in, including the name, theme and content thereof.
The Content and the Services as a whole are intended solely for the non-commercial
use of authorized users. You may download, print and store selected portions of
the Content, provided that you (i) only use copies of the Content for non-commercial
purposes; and (ii) do not modify or alter the Content in any way, or delete or change
any copyright, trademark or other proprietary notice. No right, title or interest
in any downloaded materials is transferred to you as a result of any such downloading.
As between you and Guppers, Guppers shall retain all right, title and interest in
and to the Content and Services, including all URLs. Except as noted above and in
the General Public License, you may not copy, download, reproduce, modify, publish,
distribute, transmit, transfer or create derivative works from the Content without
obtaining prior written permission from Guppers. For permission to use our materials
on the web site for other purposes, please send an e-mail to admin@guppers.com.
If you wish to use third-party materials appearing on the web site, you must contact
the copyright owner of such materials.
SMS Service
If you opt to register your mobile number as a messaging channel, you will receive SMS
whenever there is a message broadcasted to your subscribed groups. Your subscription
entitles you to receive up to 100 messages per month. Messaging and data rates may apply.
Please check your mobile plan for detail. SMS service of Guppers is compatible with Alltel,
AT&T Mobility, Boost, Cellular One, Nextel, Sprint, T-Mobile, US Cellular, Verizon,
and Virgin Mobile products. It is in compliance to MMA guidelines. To learn more, text
“HELP” to 87080 or visit http://guppers.com.
No Endorsements of Third Parties
References on Guppers.com to any names, marks, products or services of third parties,
or hypertext links to third party sites or information, or the inclusion or featuring
of groups, do not necessarily constitute or imply an endorsement, sponsorship, or
recommendation of the third party, information, product or service by Guppers. Guppers
does not endorse nor make any warranties or representations about any web site you
may access through Guppers.com, including the privacy policy of any such web site.
Any links to other sites are provided for convenience only. You need to make your
own decisions regarding your interactions or communications with any other web site.
Disclaimers
Guppers is only a venue allowing users to communicate with other users and allowing
users to receive content from third parties. Guppers does not control, does not
monitor and makes no representation regarding the truth, accuracy, quality, completeness,
safety or legality of the information provided by its users or groups. GUPPERS PROVIDES
THE SERVICES "AS IS" WITH NO WARRANTIES OF ANY KIND. GUPPERS EXPRESSLY DISCLAIMS
ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR
OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL RESPONSIBILITY FOR OUR USERS, GROUPS,
AND THEIR POSTINGS, THEIR ACTS AND OMISSIONS.
Some states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL GUPPERS OR ITS EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE
TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES WHETHER OR NOT GUPPERS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with the Services or any content on Guppers.com, or with
these Terms and Conditions, your sole and exclusive remedy is to discontinue using
the Services. You acknowledge, by your use of the Services, that your use of the
Services is at your sole risk.
Applicable law may not allow the limitation of liability set forth above, so this
limitation of liability may not apply to you. IF ANY PART OF THIS LIMITATION OF
LIABILITY IS FOUND TO BE INVALID, INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON,
THEN THE AGGREGATE LIABILITY OF GUPPERS AND ITS AFFILIATES IN SUCH CIRCUMSTANCES
FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED
DOLLARS (US $100.00).
Indemnity
You agree to indemnify, defend and hold harmless Guppers, its employees, officers
and directors, or Clients from and against any and all claims, liabilities, penalties,
settlements, judgments, fees (including reasonable attorneys' fees) arising from
(i) any content that you or anyone using your account may submit, post or transmit
to the web site; (ii) your use of the Services; (iii) your violation of the terms
of these Terms and Conditions; and (iv) any violation or failure by you to comply
with all laws and regulations in connection with the Services.
Assignment
You may not assign any of your rights or delegate any obligations hereunder, in
whole or in part, whether voluntarily or by operation of law, without the prior
written consent of Guppers. Any such purported assignment or delegation by you without
the appropriate prior written consent of Guppers will be null and void and of no
force or effect.
Copyright Infringement Claims
Guppers has adopted and implemented a policy that provides for the termination in
appropriate circumstances of users who infringe the rights of copyright holders.
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide Guppers's Copyright Agent the following information
required under 17 U.S.C. 512:
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A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
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Identification of the copyright work claimed to have been infringed, a representative
list of such works;
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Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit Guppers to locate the material;
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Information reasonably sufficient to permit Guppers to contact the complaining party,
such as an e-mail address at which the complaining party may be contacted;
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A statement that the complaining party has a good-faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent,
or the law; and
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A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed. Guppers's Copyright Agent for
notice of claims of copyright infringement on or regarding this site can be reached
as follows:
Copyright Agent:
Syntomos Technologies, Inc.
250 W 40th St, 10th Floor
New York, NY 10018
Email: admin@guppers.com
These Terms and Conditions May Change
Guppers reserves the right to update or amend these Terms and Conditions at any
time. The amended Terms and Conditions shall automatically be effective five (5)
days after they are initially posted on the web site. Your continued use of the
Services after the effective date of any posted change constitutes your acceptance
of the amended Terms and Conditions as modified by the posted changes. For this
reason, we encourage you to review these Terms and Conditions whenever you use the
Services. The last date these Terms and Conditions were revised is set forth below.
LAST UPDATED: 6/7/2009