Privacy Policy
Effective Date: Jan 17, 2023
IMPORTANT: BY USING THIS mobile application, YOU SIGNIFY YOUR AGREEMENT TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THIS mobile application.
Guru Experience Co., a Delaware corporation ("Guru" "Company" "us" or "we"), is committed to respecting the privacy rights of its customers, visitors and other users of the Guru mobile application. We created this mobile application Privacy Policy ("Privacy Policy") to give you confidence as you visit and use the mobile application, and to demonstrate our commitment to fair information practices and the protection of privacy.
This Privacy Policy describes the Personally Identifiable Information (as defined below in Section 1.3) that we collect in the United States through the mobile application and how we use that information. Please note that this Privacy Policy applies solely to our online information gathering and dissemination practices in connection with the mobile application, and does not apply to any of our practices conducted offline or outside of the United States. If you have any questions or comments about this Privacy Policy or our practices regarding your Personally Identifiable Information, please contact us at info@theguru.co.
The mobile application is not directed at children who are under thirteen (13) years of age and we do not knowingly collect Personally Identifiable Information from such children. If you are younger than thirteen (13) years of age, please do not provide any Personally Identifiable Information while using the mobile application.
This Privacy Policy is only applicable to the mobile application, and not to any other mobile applications that you may be able to access from the mobile application, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.
Types of Information Collected
Traffic Data. We may track and/or collect non-personally identifiable information when you visit the mobile application, such as IP addresses, domain servers, types of computers accessing the mobile application, types of web browsers used to access the mobile application, the date and time that you access the mobile application, the mobile application address, if any, from which you linked directly to the mobile application, and other similar traffic-related information (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you, but that is helpful for marketing purposes or for improving your experience on the mobile application. We also may aggregate your Traffic Data with similar data collected from other users to help us improve the mobile application and the services that we provide through the mobile application. We do not use such data in any way to create or maintain a personal profile of you.
Cookies. From time to time, we may use the standard "cookies" feature of major browser applications, which allows us to store a small piece of data on your computer about your visit to the mobile application. Cookies help us learn which areas of the mobile application are useful and which areas need improvement. We do not set any Personally Identifiable Information in cookies, nor do we employ any data capture mechanisms on the mobile application other than cookies. Promotions or advertisements displayed on the mobile application also may contain cookies. We do not have access to, or control over, information that may be collected by outside advertisers on the mobile application. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at the mobile application may be diminished and some features may not work as they were intended.
Personally Identifiable Information. In general, you do not have to provide us with your Personally Identifiable Information to use the mobile application. However, certain services that we offer via the mobile application may require you to provide us with certain information that personally identifies you. "Personally Identifiable Information" includes the following categories of information: (a) "Contact Data" (such as your name, mailing address and e-mail address); (b) "Financial Data" (such as your account or credit card number); and (c) "Demographic Data" (such as your zip code, age, and gender). If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards or forums, subscribe to or use any of the services that we offer on the mobile application, or otherwise complete online forms or surveys, then any information provided in such communication may be collected as Personally Identifiable Information.
TRUEDEPTH API: The app (iOS) uses the iPhone’s TrueDepth camera system (if available on device) to track the movement of a user’s head to transfer them onto 3D space for character animation. For this workflow, the app requires access to the user’s device camera. How We Use the Information from TrueDepth camera: The camera images and depth data are used only for determining the movement of the facial placement and features. Camera access is required to acquire depth data from Apple’s API. Guru will not store, or retain, any data captured by the TrueDepth camera on our servers or use customer face data for any purpose other than the app’s core functionality. The app does not and will not use customer face data to personally identify any user.
Use and Sharing of Information Collected
Use of Personally Identifiable Information. Guru may use, as applicable: (a) Contact Data to send to you information about Guru or our products or services or promotional material from some of our partners, or to contact you when necessary; (b) Financial Data to verify your qualifications for certain products or services and to bill you for products and services; and (c) Demographic Data to customize and tailor your experience on the mobile application by displaying content that we think you might be interested in and according to your preferences. We also may use Personally Identifiable Information to respond to your inquiries and to send to you newsletters or publications that you request or that we think may be of interest to you. If you decide at any time that you no longer wish to receive mailings from us, please refer to Section 6 of this Privacy Policy entitled "Correcting, Updating or Deleting your Personally Identifiable Information."
Sharing of Personally Identifiable Information. Guru does not share, provide, sell, lease, trade or rent your Personally Identifiable Information to third parties for direct marketing purposes, unless you affirmatively agree to such disclosure. However, Guru may share: (a) Demographic Data with advertisers and other third parties, but only on an aggregate basis (i.e., non-personally-identifiable); and (b) Contact Data or Financial Data with certain companies pursuant to contracts or arrangements that we have with such companies in order to fulfill our business purposes. These companies have, or will agree, to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they only will use your Personally Identifiable Information to carry out their specific business obligations to Guru. Please see our Opt-Out Policy (Section 3 of this Privacy Policy) if you do not want us to share your Personally Identifiable Information with any third parties. We reserve the right to disclose Personally Identifiable Information to any third party if we believe that we are required to do so for any or all of the following reasons: (a) by law; (b) to comply with legal processes or governmental requests; (c) to prevent, investigate, detect or prosecute criminal offenses or attacks on the technical integrity of the mobile application or our network; (iv) to enforce our Terms and Conditions of Use; and/or (v) to protect the rights, property or safety of Guru and its affiliates, their partners and employees, the users of the mobile application or the public.
Opt-Out Policy. You may choose not to provide us with any Personally Identifiable Information and/or not to allow us to use cookies in connection with your visit to the mobile application. To opt out of providing information directly to Guru, simply bypass or elect not to participate in the interactive areas of the mobile application. You also may opt out of allowing us to use cookie technology to facilitate your visit to the mobile application by making adjustments to your browser; however, it is possible that the mobile application will not function properly if you do so. If you do not wish to receive information and promotional material from us, you may select the appropriate "opt-out" option each time we ask you for Personally Identifiable Information. If you do not want us to share your Personally Identifiable Information with any third parties, including those companies with which we have contracts or business arrangements necessary to fulfill our business purposes, then please e-mail us at info@theGuru.co, with the subject line “opt-out” or select the "opt-out" box on our online forms. Please note that, if you contact us by e-mail through the mobile application, then we may keep a record of your Contact Data and correspondence, and we reserve the right to use your e-mail address and any information that you provide to us in your message to respond thereto. In addition, on rare occasions, we may send by e-mail important administrative information regarding the mobile application or the services to users who have provided us with their e-mail addresses. Because this information may be important to your use of the mobile application, it is not possible to opt out of receiving these e-mails.
Business Transfers. In order to accommodate changes in our business, Guru may sell or buy, as applicable, portions of our company or other companies or assets, which portions or assets may include the information collected through the mobile application. Guru reserves the right to transfer any and all information that we collect from users of the mobile application, or that we otherwise collect in connection with the mobile application, including, without limitation, to third parties, in the event of a sale or transfer of assets or of any portion of our business.
Protecting User Information
Security of Personally Identifiable Information. Guru seeks to adopt commercially reasonable security measures consistent with industry practice to assist in protecting against the loss, misuse and alteration of Personally Identifiable Information that is under our control. Unfortunately, no security system, or system of transmitting data over the Internet, can be guaranteed to be 100% secure. Therefore, while we undertake commercially reasonable efforts to protect your Personally Identifiable Information, we cannot guarantee the security of our servers, the means by which information is transmitted between your computer and Guru's servers, or any information provided to us or to any third party through or in connection with the mobile application. You provide all such information entirely at your own risk.
Confidentiality of Personally Identifiable Information. Except as otherwise provided in this Privacy Policy, we will keep your Personally Identifiable Information confidential and will not share it with third parties.
Lost or Stolen Information. You must promptly notify us if your user name, password, credit card or other Personally Identifiable Information is lost, stolen or used without permission. In such an event, we will remove that user name, password, credit card number or other Personally Identifiable Information from your account and update our records accordingly.
Correcting, Updating or Deleting Your Personally Identifiable Information. If you would like to correct, update or delete your Personally Identifiable Information collected by Guru, please contact us at info@theguru.co. Please be sure to include your name, address and/or e-mail address and the nature of your request on your correspondence.
Mobile application Areas Beyond Guru's Control
Public Forums. The mobile application may include interactive forums such as message boards and chat rooms. Please remember that any information that you disclose in these areas becomes public information, and you should exercise caution when deciding to disclose your Personally Identifiable Information in these interactive forums.
Third Party mobile applications. The mobile application may contain links to other mobile applications. If you choose to visit other mobile applications, we are not responsible for the privacy practices or content of those mobile applications, and it is your responsibility to review the privacy policies at those mobile applications to confirm that you understand and agree with their policies.
Special Notification about Webinars and Podcasts. Any webinars and podcasts offered as services to the users of the mobile application are hosted by one or more unaffiliated third parties. Such third parties may require first time users to input Personally Identifiable Information, such as your name, company and e-mail address. We encourage you to read the applicable privacy statements that control how any such third party handles Personally Identifiable Information that you input to register for the webinars or podcasts.
Updates and Changes to Privacy Policy. This Privacy Policy sets forth Guru's current practices and procedures with respect to privacy. Guru may, in its sole discretion and without prior notice, change, modify or alter any or all portions of this Privacy Policy. Guru shall post any revisions to this Privacy Policy to the mobile application, and the revisions shall be effective immediately upon such posting. You agree that, by continuing to use or access the mobile application following notice of any revision, you shall abide by any such revision.
Contacting Us. If you have any questions about this Privacy Policy or our practices related to the mobile application or Cloud-Based CMS, or if you would like to have us remove your Personally Identifiable Information from our database, please contact us at:
Guru Experience Co.
4231 Balboa Ave #677
San Diego, CA 92117
Attention: Corporate Secretary
Telephone: (619)-630-0267
Email: info@theguru.co
BY USING THIS MOBILE APPLICATION or CLOUD-BASED CMS, YOU SIGNIFY YOUR AGREEMENT TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THIS MOBILE APPLICATION or CLOUD-BASED CMS.Terms of UseLast Updated: June 6, 2021
IMPORTANT! THIS IS A CONTRACT. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING THIS MOBILE APPLICATION and/or CLOUD-BASED CMS. These Terms and Conditions of Use (these "Terms") create a binding legal agreement between you and Guru Experience Co., a Delaware corporation ("Guru" "Company" "us" or "we"). BY USING THIS MOBILE APPLICATION and/or CLOUD-BASED CMS AND/OR BY ACCEPTING ANY INFORMATION FROM THIS MOBILE APPLICATION and/or CLOUD-BASED CMS, YOU AGREE TO ALL OF THESE TERMS AS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE EXIT AND DO NOT USE THIS MOBILE APPLICATION and/or CLOUD-BASED CMS.
In addition, the information and features included in this mobile application have been compiled from a variety of sources and are subject to change at any time without notice. By accessing or linking to this mobile application, you assume the risk that the information on this mobile application may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
Binding Effect. By accessing this mobile application or by using any services provided in connection with this mobile application (the "Services"), you agree to abide by these Terms, as these Terms may be amended, modified, altered or otherwise changed by Guru from time to time in its sole discretion. Guru will post a notice on this mobile application at any time that these Terms have been amended, modified, altered or otherwise changed. It is your responsibility to review these Terms periodically; and, if at any time you find that these Terms are unacceptable, then you must immediately leave this mobile application and cease all use of the Services and this mobile application. YOU AGREE THAT, BY ACCESSING THIS mobile application AND/OR BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OLD. Notice Concerning Children. This mobile application is a general audience mobile application, and we do not direct any of our content specifically at children who are under thirteen (13) years of age. We understand and are committed to respecting the sensitive nature of children's privacy online. If we learn or have reason to suspect that a mobile application user is under age thirteen (13), then we will promptly delete any personal information in that user's profile.
Privacy Policy and Registration. Guru respects your privacy and, to the extent practicable, permits you to control the treatment of your personal information. Please review Guru's current Privacy Policy, a complete statement of which can be found by clicking here. Guru's Privacy Policy is expressly incorporated into these Terms by this reference.
Certain areas of this mobile application may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. This mobile application's practices governing your personal information are disclosed in the Privacy Policy. Your decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, then you may not be able to access certain content or participate in certain features of this mobile application. When you provide information to this mobile application, you agree to provide only true, accurate, current and complete information. If you register with this mobile application, then you agree to accept responsibility for all activities that occur under your account or password, if any, and agree that you will not sell, transfer or assign your membership or any membership rights. You entirely are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of this mobile application using your name in whole or in part. You may not use the account, username or password of someone else at any time. You agree to notify Guru immediately upon any unauthorized use of your account, username or password. Guru shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Guru, its affiliates, partners, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password. Company may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.
Use of Software. Guru may make certain software available to you from this mobile application. If you download software from this mobile application, then the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed to be licensed to you by Guru, for your personal, noncommercial, home use only. Guru does not transfer either the title or the intellectual property rights to the Software, and Guru retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos relating to the Software are owned by Guru or its licensors and you may not copy or use them in any manner.
Guru's Proprietary Rights. This mobile application and all of the content that it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material"), are owned by or licensed to Guru or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other proprietary rights and laws and by international treaties. You acknowledge and agree that this mobile application, the Services and the Material are and shall remain the property of Guru and/or its licensors, and are protected by such rights, laws and treaties.
Unless expressly permitted in writing by Guru, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in these Terms or on this mobile application should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Guru or such third party that may own the Material or intellectual property displayed on this mobile application. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by these Terms will constitute a violation of these Terms and may constitute copyright and/or patent infringement.
Trade names, trademarks and service marks of Guru or its affiliates include, without limitation, "Guru," "http://www.gurumuseumsystems.com" and any associated logos. All trade names, trademarks and service marks on this mobile application that are not owned by Guru or its affiliates are the property of their respective owners. The trade names, trademarks and service marks owned by Guru or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not a product or service of Guru or one of its affiliates, or in any other manner that is likely to cause confusion or dilution. Nothing on this mobile application should be construed as granting, by implication, estoppel or otherwise, any right or license to use any trade names, trademarks or service marks of Guru or its affiliates without prior express written permission of Guru or its relevant affiliates. You agree not to use the Material for any unlawful purposes and not to violate Company's rights or the rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of this mobile application by other members, including without limitation by attempting to access administrative areas of this mobile application. You agree to report any violation of these Terms by others, of which you become aware. You are advised that Company will aggressively enforce its rights to the fullest extent of the law. Company may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
User Forums. Forums, bulletin boards, chat rooms or other interactive areas that may be offered on this mobile application ("User Forums") are provided to give users a forum to express their opinions and share their ideas and information ("Community Content"). Company does not endorse the Community Content posted in User Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through a User Forum. Company does not and cannot review every message posted by users in the User Forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Information disclosed in the User Forums is by design revealed to the public. Company reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to this mobile application for any reason in Company's sole discretion. You understand that any content that you post and/or upload on this mobile application will be considered a submission for purposes of these services. In addition, Company may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Company or to protect the safety of our users or the public. In no event does Company assume any obligation to monitor the User Forums or remove any specific material.
You understand that the uploading to and/or posting of any Community Content in any User Forum shall not be subject to any obligation of confidence on the part of Company, and Company shall not be liable for any use or disclosure of any Community Content. Without limitation of the foregoing, Company exclusively shall own all now known or hereafter existing rights to the Community Content of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Community Content in any and all media, now known or hereafter devised, in perpetuity for any purpose whatsoever, commercial or otherwise, without compensation or credit to the provider, author or owner of the Community Content. ??You agree to indemnify Company for any and all third party claims, damages, losses, and causes of action arising as a result of your posting or uploading any Community Content to any User Forum or submitting any Community Content to Company, or your failure to comply with the above guidelines.
User Content. By posting, uploading, downloading, displaying, performing, transmitting or otherwise distributing information, content (including, without limitation, Community Content) or other materials (collectively "User Content") to this mobile application or the Services, you are granting to Guru, its affiliates, officers, directors, employees, consultants, agents and representatives a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, copy, modify, adapt, publish, sub-license, perform, transmit, display, reproduce, edit, translate, reformat, create derivative works from and/or distribute such User Content via any form, media or technology, now known or hereafter devised, in accordance with Guru's Privacy Policy. In addition, you represent and warrant that you own the rights to such User Content, or are otherwise authorized to post, upload, download, display, perform, transmit or distribute such User Content; and you further represent and warrant that such User Content does not violate any person's so-called "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world. You also waive any moral rights that you may have in such User Content. Subject to Guru's Privacy Policy, Guru shall be free to use your User Content, including any ideas, concepts, know-how or techniques contained in such User Content, for any reason whatsoever. You will not be compensated for any User Content. You agree that Guru may publish or otherwise disclose your name in connection with your User Content.
Compliance with Intellectual Property Laws. When accessing this mobile application or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of this mobile application and the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to post, upload, download, display, perform, transmit or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content that you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
Inappropriate Content. You agree not to upload, download, display, perform, transmit or otherwise distribute or make available any Content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or that is a solicitation for goods or services. Guru reserves the right to terminate your receipt, transmission or other distribution of any such Content using the Services, and, if applicable, to delete any such Content from its servers. Guru intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
Copyright Infringement. Guru has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on this mobile application or with the Services. Guru has adopted a policy that provides for the immediate suspension and/or termination of any mobile application user or user of the Services who is found to have infringed on the rights of Guru or of a third party, or otherwise violated any intellectual property laws or regulations. Guru's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated, and you want Guru to delete, edit or disable the material in question, then you must provide Guru with proper notification of the alleged violation(s). Such notification must contain all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Guru to locate the material; (d) information reasonably sufficient to permit Guru to contact you, such as an address, telephone number and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For such notification to be effective, it must be received by Guru at the following address:
Guru Experience Co.
4231 Balboa Ave #677
San Diego, CA 92117
Attention: Corporate Secretary
Telephone: (619)-630-0267
Email: info@theguru.co
Alleged Violations. Guru reserves the right to terminate your use of this mobile application and/or the Services at any time in its sole discretion. To ensure that Guru provides a high quality experience for you and for other users of this mobile application and the Services, you agree that Guru or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights or other unauthorized uses of this mobile application or the Services. Guru does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Guru reserves the right to terminate your account or your access to this mobile application immediately, with or without notice to you, and without liability to you, if Guru believes that you: (a) have violated any of these Terms; (b) furnished Guru with false or misleading information; or (c) interfered with the use of this mobile application or the Services by others.
NO WARRANTIES. Guru HEREBY DISCLAIMS ALL WARRANTIES. Guru IS MAKING THIS mobile application AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THIS mobile application OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Guru EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS mobile application, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Guru DOES NOT WARRANT THAT THIS mobile application OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THIS mobile application OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITED LIABILITY. Guru'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Guru, ITS LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE AFFILIATES, AGENTS, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, PERSONAL INJURY (INCLUDING DEATH), OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES), ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OF, OR INABILITY TO USE, THIS mobile application OR ANY OTHER MATERIAL OR SERVICES PROVIDED TO YOU BY Guru, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THIS mobile application OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL Guru BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS (US$50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU. MOREOVER, UNDER NO CIRCUMSTANCES SHALL Guru, ITS LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE AFFILIATES, AGENTS, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND ITS OR THEIR REASONABLE CONTROL.
BY ACCESSING THIS mobile application, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES SUBSTANTIALLY AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
WE MAY TERMINATE YOUR FURTHER ACCESS TO THIS mobile application OR CHANGE THIS mobile application OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Affiliated mobile applications and Links. Guru has no control over, and no liability for any third-party mobile applications or materials. From time to time, Guru may work with a number of partners and/or affiliates whose Internet mobile applications may be linked with this mobile application. Because neither Guru nor this mobile application has control over the content and performance of these third-party mobile applications, Guru makes no guarantees about the accuracy, currency, content or quality of the information provided by such mobile applications, and Guru assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those mobile applications. Similarly, from time to time, in connection with your use of this mobile application, you may have access to content items (including, but not limited to, other mobile applications) that are owned by third parties. You acknowledge and agree that Guru makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content or quality of this third-party content, and that, unless expressly provided otherwise, these Terms shall govern your use of any and all third-party content. Unless otherwise set forth in a written agreement between you and Guru, you must adhere to Guru's linking policy, which is as follows: (i) any link to this mobile application must be a text only link clearly marked "Guru mobile application;" (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Guru's names and trademarks; (iii) the link must "point" to http://www.gurumuseumsystems.com and not to other pages within this mobile application; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Guru; (v) when selected by a user, the link must display this mobile application on full-screen and not within a "frame" on the linking mobile application; and (vi) Guru reserves the right to revoke its consent to the link at any time and in its sole discretion.
Electronic Mail. You may send electronic mail to those addresses made available on this mobile application for the purposes of: (a) requesting alerts or other news notification services; (b) submitting voluntary survey responses; (c) responding to or making inquiries regarding Guru events; (d) requesting information regarding Guru or legal or other services offered by Guru; and (e) inquiring about employment opportunities with Guru. You agree to cease sending electronic mail to any Guru electronic address upon our request.
Prohibited Uses. Guru imposes certain restrictions on your permissible use of this mobile application, the Material and the Services. You are prohibited from violating or attempting to violate any security features of this mobile application, the Material or the Services, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Services, the Material, this mobile application or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to this mobile application or the Services, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) using this mobile application or the Services to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Guru in providing this mobile application, the Material or the Services. Any violation of system or network security may subject you to civil and/or criminal liability.
Indemnity. You agree to indemnify Guru for certain of your acts and omissions. You agree to defend, indemnify and hold Guru, its affiliates, resellers, distributors, services providers and suppliers, and each of their respective partners, officers, directors, employees, consultants, agents and representatives, from and against all claims, losses, costs, damages, liabilities and expenses (including but not limited to attorneys' fees) arising out of: (a) your activities in connection with this mobile application, the Material or the Services; (b) any violation of these Terms by you; (c) any improper or unauthorized use of this mobile application, the Material or the Services by you; or (d) any allegation that anything you transmit through or in connection with this mobile application, the Material or the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other rights of any third party.
Copyright. This mobile application is protected by U.S. and foreign copyright laws. Except for your information and personal, non-commercial use as authorized herein, you may not modify, reproduce or distribute the design or layout of this mobile application or individual sections of the design or layout of this mobile application or any of the content within this mobile application without Guru's prior written permission.
Governing Law. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego, California in all disputes arising out of or related to the use of this mobile application, the Material or the Services. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OR THIS mobile application MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, then all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
No License. Nothing contained on this mobile application should be understood as granting you a license to use any of the trademarks, service marks or logos owned by Guru or by any third party.
California Use Only. This mobile application is controlled and operated by Guru from its offices in the State of California. Guru makes no representation that any of the Material or Services to which you have been given access is available or appropriate for use in other locations. Your use of, or access to, this mobile application should not be construed as Guru purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
Modifications. Guru may, in its sole discretion and without prior notice: (a) revise these Terms; (b) modify this mobile application, the Material and/or the Services; and/or (c) discontinue this mobile application, the Material and/or the Services at any time. Guru shall post any revisions to these Terms, and the revisions shall be effective immediately upon such posting. You agree to review these Terms and other online policies posted on this mobile application periodically to be aware of any revisions. You agree that, by continuing to use or access this mobile application following notice of any revision, you shall abide by any such revision.
ACKNOWLEDGEMENT. BY ACCESSING THIS mobile application OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
