TERMS OF USE

Welcome to guesterly. Here’s all of the legal stuff you might need to know.

This agreement is in effect as of March 01, 2014.

We reserve the right to change these Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review the Terms of Use periodically to familiarize yourself with any modifications. Your continued use of the Site (www.guesterly.com) and Service (using the Site software to create the Product, defined as the guesterly® book/s) of Guesterly LLC (“Guesterly”) after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. IN ADDITION, BY ORDERING PRODUCTS OR USING SERVICES, YOU ACKNOWLEDGE THAT YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU. You are strongly encouraged to read these Terms in their entirety.

General Use

Except as expressly authorized hereunder, our Site, Service, and Product may not be reproduced, duplicated, copied, revisited, reverse-engineered or otherwise exploited for any purpose without our prior written authorization. We reserve the right to alter or discontinue our Site, in whole or in part, at any time in our sole discretion.

Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Site and Service, including any images, text, graphics, sounds, data, links and other materials incorporated into our Site (other than your User Submitted Materials as defined below), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Site or create derivative works of any portion our Site without our written consent. While using any of our Site and Service, you agree not to:

  • —Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others' privacy rights or rights of publicity;

  • —Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;

  • —Restrict or inhibit any other user from using any of our Sites and Apps (software designed for mobile devices) including, without limitation, by means of "hacking" or defacing any portion our Site and Service;

  • —Restrict or inhibit any other user from using any of our Sites and Apps (software designed for mobile devices) including, without limitation, by means of "hacking" or defacing any portion our Site and Service;

  • —Violate any applicable laws or regulations;

  • —Upload to, transmit through, or display on any of our Site and Service (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);

  • —Engage in spamming;

  • —Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;

  • —Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Site, Service, and Product; and

  • Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Site, Service, and Product.

If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Site. In addition, you agree not to:

  • —Display nudity

  • —Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence.

Some features of our Site and Service may enable you to send and receive transmissions. You acknowledge that we have no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through our Site and/or the amount of storage space available for transmissions or for any feature made available through our website.

Registration

You are welcome to browse the Site as a visitor without providing any information to us. If you would like to use the Service or buy Products, you will need to register as a user (a “Registered User”) by creating an account. During the registration process, you will have to provide your name, email address, event date, and create a password for your user account. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason. If you choose to purchase Products through the Service, you will be required to provide your billing address, shipping address and credit card information.

In order to create a member account with our Site, you must be at least 13 years of age. You represent to us that you are at least 13 years old. If you are not, please do not set up an account with our Site.

Use of Personal Data

Your use of the Site and/or the Service may involve the transmission to us of certain personally-identifiable information (the “Personal Data”). Our policies with respect to the collection and use of Personal Data are governed according to our Privacy Policy which is hereby incorporated by reference in its entirety.

Guesterly agrees to keep confidential and not use for any purpose other than production of the Product all photos and biographical information about a Registered User and her or his guests obtained in connection with the production of the Product. Registered User acknowledges and agrees that all information, methods, arrangement, templates, formats and ideas relating to Guesterly and the Product are confidential and constitute the sole and exclusive “proprietary trade property” of Guesterly. By using this Site, you agree to our Privacy Policy.

Ordering

Approval of Proof. After submitting an order, Registered User will receive a Proof (final electronic version of the Product) within forty-eight business hours. Registered User shall approve or disapprove the final proof no later than twenty-four hours following receipt, or printing and shipping may be delayed and will not be the fault of Guesterly if Products are not received by Registered User in a timely manner. The Product will not be printed until the Proof has been approved. If significant changes to the Proof are required, additional fees may apply.

Shipping. Guesterly shall have no obligation due to late mailing of the Product if caused by failure by Registered User to timely fulfill her or his responsibilities under this Agreement, or other force majeure events. All Products shall be shipped F.O.B. shipping point and title and risk of loss shall pass to you upon delivery of Product to a common carrier.

Fees. You are required to pay the fees associated with the Products you purchase. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any purchase, and you agree to pay all charges resulting from your purchase. In addition, if you request Custom Services (additional designs or services by our graphic designers, special papers, inks, binding, cutting, shipping beyond the scope of the regular Product), you are liable for all fees incurred. We may use third party providers to process your payment and you agree that such third party providers may immediately authorize your credit card for payment of any such fees associated with Products you purchase.

Refunds. If, through the fault of Guesterly, the Product does not arrive in time for Registered User’s event or if there is a printing error as to make the Product unusable, Guesterly will refund Registered User’s payment in a timely manner. In no other situations will Guesterly issue a refund.

Representation of Goods

Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

The inclusion of any products or services on our Sites and Apps at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Sites and Apps. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

Rights to and Use of Product

On payment of the fee in full, Registered User shall own all rights to Product. Registered User shall not use the Product in any manner that violates the trademarks or tradenames of Guesterly or uses the templates, formats, arrangements, or styles in any manner. The parties expressly agree that the Product is and shall be considered a “work made for hire,” as that term is defined in Section 101 of the U.S. Copyright Act of 1976 (17 U.S.C. §101). In the event the Product does not qualify as a “work made for hire” under U.S. copyright law, Guesterly hereby unconditionally and irrevocably assigns and transfers to Registered User, exclusively, in perpetuity, and throughout the world, any and all of its rights, title and interest, including, but not limited to, any and all U.S. and foreign copyrights, in and to such Product.

Indemnification

Registered User agrees to defend, indemnify and hold harmless Guesterly, its subsidiaries and affiliates, and their respective members, managers, advisory board members, officers, employees, agents and representatives, from and against any and all claims, demands, causes of action, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees and legal costs) arising from any actual or alleged false or defamatory descriptions or photographs.

Intellectual Property

All content and materials available on www.guesterly.com and www.guester.ly including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Guesterly, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Guesterly.

The Site and the Service contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Guesterly (collectively referred to as the “Guesterly Content”). The Guesterly Content may be owned by us or our licensors, and is protected under both United States and foreign laws. The Guesterly Content may include trademarks, service marks, and logos of Guesterly used and displayed on the Site and the Service, which are registered and/or unregistered trademarks or service marks of Guesterly

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Site and Services will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

DISCLAIMER OF WARRANTIES EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR MEMBERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR MEMBERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR MEMBERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE “GUESTERLY PARTIES”) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE GUESTERLY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE GUESTERLY PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE GUESTERLY PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE GUESTERLY PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Miscellaneous

In the event that any portion of these Terms is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms shall remain in full force and effect. This section, the section entitled Intellectual Property, Indemnification, and the section entitled Disclaimer of Warranties and Limitation of Liability shall survive the termination of these Terms. You may not assign these Terms. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms. These Terms and your agreement to them and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by Guesterly to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York. These Terms contain the entire agreement of the parties concerning this Site and the Service and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site.

Questions or comments regarding this Site should be submitted using our email address hello@guesterly.com.