Effective date: November 10, 2020
Welcome to GuruHotel. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at guruhotel.com/contact.
Will these Terms ever change?
We are continually trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the guruhotel.com website, by sending you an email, or by some other means.
If you disagree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. Suppose we learn we have collected personal information from a child under 13. In that case, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at guruhotel.com/contact.
What are the basics of using GuruHotel?
You may be required to sign up for an account. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not provide information that you don't have the right to use or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). Suppose you agree to these Terms on behalf of an organization or entity. In that case, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal, non-commercial use, not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If applicable laws prohibit your Services' use, you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law. You will not share your account with anyone, and you must protect your account details' security. You're responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including GuruHotel);(b) Violates any law or regulation, including any applicable migration control laws;(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;(d) Jeopardizes the security of your GuruHotel account or anyone else's (such as allowing someone else to log in to the Services as you);(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;(f) Violates the security of any computer network or cracks any passwords or security encryption codes;(g) Runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);(h) "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);(i) Copies or stores any significant portion of the Content;(j) Decompiles, reverse engineers or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any previous is grounds for termination of your right to use or access the Services.
What are my rights in GuruHotel?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (defined below), and so forth (all of the previous, the "Content") are protected by copyright or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services. You won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including GuruHotel's) rights.
You understand that GuruHotel owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists doesn't mean that all the restrictions above don't apply – they do!
Do I have to grant any licenses to GuruHotel or other users?
Anything you post, upload, share, store, or otherwise provide through the Services is your "User Submission." For all User Submissions, you now grant GuruHotel a license to translate, modify (for technical purposes, for example, making sure your Content is viewable on an iPhone as well as a computer) and reproduce and otherwise act concerning such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your GuruHotel account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable). Still, you understand and agree that it may not be possible to delete that Content from GuruHotel's records entirely and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
You understand and agree that GuruHotel, to perform the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connecting networks, devices, services, or media. The previous licenses include the right to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like GuruHotel, being asked to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights. We reserve the right to delete or disable Content alleged to be infringing and terminate the accounts of repeat alleged infringers; to report potentially infringing Content, contact us at guruhotel.com/contact to learn more about the DMCA.
Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated. You access all such information and Content at your own risk. We aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what steps you may take due to having been exposed to the Content. As a result of this, you release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so in the way in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
GuruHotel has no control over and assumes no responsibility for the Content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party you interact with through the Services. Also, GuruHotel will not and cannot monitor, verify, censor, or edit the Content of any third-party site or service. Using the Services, you release and hold us harmless from all liability arising from your use of any third-party website or service.
Your interactions with organizations or individuals found on or through the Services, including payment and delivery of goods or services. Any other terms, conditions, warranties, or representations associated with such dealings are solely between you and such organizations or individuals. It would be best if you made whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that GuruHotel shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Suppose there is a dispute between participants on this site, or between users and any third party. In that case, you agree that GuruHotel is under no obligation to become involved. Suppose you have a dispute with one or more other users. In that case, you release GuruHotel, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or our Services. If you are a California resident, you shall and at this moment do waive California Civil Code Section 1542, which says: "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."
Will GuruHotel ever change the Services?
We're always trying to improve the Services so that they may change over time. We may suspend or discontinue any part of the Services. We may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
What if I want to stop using GuruHotel?
GuruHotel is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. GuruHotel has the sole right to decide whether you violate any of the restrictions outlined in these Terms.
Account termination may destroy any Content associated with your account, so keep that in mind before deciding to terminate your account. We will try to provide advance notice to you before we terminate your account so that you can retrieve any essential User Submissions you may have stored in your account (to the extent allowed by law and these Terms). However, we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of GuruHotel.
If you have deleted your account by mistake, contact us immediately at guruhotel.com/contact – we will try to help. However, unfortunately, we can't promise that we can recover or restore anything. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.
What else do I need to know?
Warranty Disclaimer. Neither GuruHotel nor its licensors nor suppliers makes any representations or warranties concerning any content contained in or accessed through the Services. We will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or showed (whether or not following such hints and tips) through the Services are provided "AS IS" and without any warranty of any kind from GuruHotel or others (unless, concerning such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY GURUHOTEL (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GURUHOTEL (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, ABOVE $100, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold GuruHotel, its affiliates, officers, agents, employees, and partners harmless from and against all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such message shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without GuruHotel's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the State of California laws, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, under the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators under such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the previous obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY WAIVE THE RIGHT TO TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that GuruHotel may, in its sole discretion, do any of the previous on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Suppose any provision of these Terms is found to be unenforceable or invalid. In that case, that provision will be limited or eliminated to the minimum extent necessary. These Terms shall otherwise remain in full force and effect and enforceable. You and GuruHotel agree that these Terms are the complete and exclusive statement of the mutual understanding between you and GuruHotel. It supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. At this moment, you acknowledge and agree that you are not an employee, agent, partner, or joint venture of GuruHotel. You do not have any authority of any kind to bind GuruHotel in any respect whatsoever. You and GuruHotel agree there are no third-party beneficiaries intended under these Terms.