Terms of service
If you have a question or a concern about the Terms of Service, we invite you to contact us.
The following is an agreement between GuideMagazine.org (“Guide”, “us”, “our” and “we”), and any person or other legal entity, (“you”, “your” or “account holder”) who wishes to use the Site, whether as an account holder on the Site (“Member”) or merely as a visitor browsing the Site (Members, visitors and other users of the Site are collectively described in this agreement as “Users”).
You may not change, supplement or amend this Agreement in any manner. Guide may unilaterally amend or supplement this Agreement from time to time. Guide will attempt to notify you of any amendments on the Site and/or at the email address you provide to us on registration. If you do not agree with the amendments you must terminate your Member account and cease use of the Site and the Service. Please note that it is your responsibility to keep your registration information with us, including your email address for notification purposes, accurate and up-to-date. Any amendments to the licenses provided in this Agreement shall amend any licenses granted before the amendment takes effect, as well as any granted after the amendment takes effect.
By registering for an account on the Site, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are over the age of 13, or you received your parent’s or legal guardian’s permission to register for and use the Site under the terms and conditions of these Terms and your parent or legal guardian has joined you in executing this Agreement, and (d) your use of the Site does not violate any applicable law or regulation.
The Site allows Users to upload their own stories and share those stories through the Site with other Users. These types of content will be refered to as “Content” in this Agreement.
In order for us to make the User Content you contribute available on the Site for these purposes, and to operate, market and promote the Service, we need the right to make use of such User Content in accordance with and subject to this Agreement.
Therefore, by contributing User Content to the Site or creating it on the Site you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as expressly set forth in this Agreement), worldwide license (“License”), by ourselves or with others, to use, copy, distribute, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service permits User Content to be used, and to permit others to do so.
You agree that Guide may use User Content without notice, payment or attribution. You agree that Guide reserves the right to maintain electronic files of your uploaded Content.
You may at any time, on written notice to us, terminate your use of the Site and this Agreement in the manner provided below, and upon such termination your license to us and our sublicenses to others shall also terminate, provided that after such termination that license and those sublicenses will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases. A Permitted Use is any use of Content permitted by this Agreement or the Service. For example, if at the time of your termination any User Content you have contributed content to the Site, or has been printed by a Member for their personal use, or is used by us in promotional materials, those uses may continue until they cease.
Also, if you choose to terminate, we may retain a copy of the applicable User Content for archival purposes. Finally, if your use of the Site or this Agreement terminates for any reason, or Content is removed from the Site, your license hereunder to use the Content or the removed Content, as the case may be, terminates immediately.
Guide may terminate your membership at any time and for any reason. You understand that termination of this Agreement and your Account may involve deletion of your profile information from our databases as well as any Content, including, without limitation, any Content you submit, contribute, or upload to the Site; but you should understand that any Content that you have posted to the Site that is designated as publically available may not be deleted. Guide will not have any liability whatsoever to you for any termination of your Account or related deletion of your profile information or Content, nor, once we have deleted or removed your user profile, will Guide be responsible for any Content that was not included within your deleted and/or removed user profile that remains on the Site.
You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify Guide of any unauthorized use of your username, password or any other Account information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to exit from your Account at the end of each session.
Subject to applicable law, we may suspend or terminate your Account and your ability to use the Site or Services, or any portion thereof, for your failure to comply with any term of this Agreement or any Additional Term, or for any other reason whatsoever at Guide’s sole discretion.
In order to become a Member, you need to create a Member account.
You are responsible for any activity and charges that occur under your member account. You may not transfer your account.
You are responsible for keeping your Member password secure and for notifying Guide immediately of any breach of security or unauthorized use of your Member account.
You are responsible for maintaining the confidentiality of any personal or personally identifiable data you upload and store on the Site and are responsible for complying with all applicable laws governing collection, storage, processing, use and transfer of such information. Avoid publishing any personally identifying information.
You are solely responsible for your conduct on the Site and use of the Service, and for any content, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files (collectively, “Content”), that you contribute to the Site. You must not bully, abuse, harass, threaten, impersonate or intimidate other Users of the Site.
You may not use the Site for any illegal or unauthorized purpose. International Users agree to comply with all local laws regarding online conduct and acceptable content.
You must not create or submit unwanted email or other messages to any Users of the Site.
You may not collect or harvest any personally identifiable information, including account names, from the Site.
You may not use the Service to upload, transmit or link to Prohibited Content. Generally, Prohibited Content includes Content or other material that Guide believes: is offensive to Christians or is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, encourages conduct that would violate or violates any law, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate; comprises material that is copyrighted or protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless express written permission of the owner is obtained to use the material and to grant all of the license rights granted herein; violates or otherwise encroaches on the rights of others; contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service; advocates illegal activity; harms anyone, including minors; or provides a link to any of the above.
Guide has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Guide may delete, move, and edit Content for any reason, at any time, without notice. Guide in no way guarantees the accuracy, non-infringement, quality or appropriateness of Content available through the Service.
You may not use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the Guide servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser in ordinary and customary usage.
Any breach or non-compliance of any of these User Conduct terms will entitle Guide to immediately and without notice (i) terminate any Member account, which could result in the permanent loss of any data and/or Content in the account, and (ii) block you from any further use of the Site and Service.
Guide reserves the right (but not the obligation) to remove Content from the Site at any time, without notice, for any reason, or for no reason, in its sole discretion. Guide reserves the right to retain a copy of any Content deleted from the Site and/or Services in order to comply with applicable law, resolve disputes, enforce this Agreement and to take any other actions otherwise permitted by law that Guide deems necessary in its sole discretion.
You represent and warrant to Guide that (a) you are the sole owner, author and copyright owner of User Content you contribute to the Site or you have written permission from the author, owner or copyright owner to make such User Content available to the Service as “User Content”, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User Content complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by the Service and this Agreement.
Digital Millennium Copyright Act Compliance
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please contact us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Third Party Content. Content created by third parties is made available to you through the Services. You agree that Guide is not responsible for any such Content, including information about third party products or services; that Guide makes no guarantees about the accuracy, currency, suitability, or quality of such Content; and that Guide assumes no responsibility for unintended, objectionable, infringing, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
Your interactions with other Users or third parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or third party. The foregoing also applies to any interaction between Members (including the contribution and/or receipt of any Content) in the course of using the Site. You agree that Guide will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User) in relation to the use of the Site, we are under no obligation to become involved; however, Guide reserves the right to monitor disputes between you and other Users. You hereby release Guide, its owners, and employees from all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that are either directly or indirectly related to or arise from any interactions with other Users or their Content or any third party through or in relation to the Site or the Service. If the Site is used by a minor, the minors must be supervised by parents or legal guardians to ensure they are using the Site properly and are abiding by the Terms of Service.
Guide and its licensors (other than Members) own and retain all proprietary and intellectual property rights in and to the Site Content, the Site, and Services. Guide hereby grants you a limited, revocable, non-sublicensable, non-transferable, personal license to link to, use, copy, publicly display, publicly perform, create derivative works from and otherwise communicate and distribute the Guide Content on or through the Site and Services solely in connection with your personal use of the Site and the Services. Except for the rights expressly granted under this Agreement, you have no other rights to the Guide Content or Member Story Content.
Guide grants you a limited, personal, non-exclusive and non-transferable license to use the Site and its associated functionality solely for your personal use in connection with viewing the Site and using the Services. Except for the license set forth above, and except for any components of the Site that are used under prexisting conflicting licenses, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Site in any manner. This limited license terminates automatically, without notice to you, if you breach any term of this Agreement. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any of its functionality.
You agree to indemnify and hold harmless Guide from any damage, liability, cost, expense, loss, claim or demand (collectively, “Losses”) including reasonable lawyers’ fees, due to or arising out of your use of the Site or the Services, including your breach of this Agreement, and including also any claims that Content provided by you to us or Members infringes the intellectual property or other rights of any third party.
Applicable Law and Venue
The Agreement and the relationship between you and Guide shall be governed by and construed and interpreted in accordance with the federal laws of the United States applicable therein.