Effective: March 7, 2019
These Terms govern your access to and use of Guds, operated and provided by Guds, LLC, including any Guds mobile applications and websites (“Guds Services” or “Guds”) and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on Guds (collectively referred to as “Content”). Your access to and use of Guds is conditioned on your acceptance of and compliance with these Terms. By accessing or using Guds Services you agree to be bound by these Terms.
You are responsible for your use of Guds Services, for any Content you post to Guds, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users and through third party services and websites. You should only provide Content you are comfortable sharing with others under these Terms.
Tip: The Content you share with others may be viewed around the world, including on other services and websites.
You may use Guds only if you can form a binding contract with Guds, LLC and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using Guds on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use Guds only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Guds Services are always evolving and the form and nature of Guds may change from time to time without prior notice to you. In addition, Guds, LLC may stop (permanently or temporarily) providing Guds (or any features within Guds) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
You are responsible for safeguarding the credentials you use to access Guds and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Guds, LLC account or any other account that you may connect to your Guds account. Guds, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via Guds and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via Guds or obtained by you through Guds is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via Guds or endorse any opinions expressed via Guds. You understand that by using Guds, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Guds, LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Guds or broadcast elsewhere.
Tip: We work together with our community to ensure our content rules are respected. Report any content that you deem inappropriate.
You retain your rights to any Content you submit, post or display on or through Guds. In order to make Guds available to you and other users, Guds, LLC needs a license from you. By submitting, posting or displaying Content on or through Guds, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Guds, LLC to provide, promote, and improve Guds and to make Content submitted to or through Guds available to other companies, organizations or individuals who partner with Guds, LLC for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Tip: You own your Content, but this license allows us to make your Content available to the rest of the world and to let others do the same.
Such additional uses by Guds, LLC, or other companies, organizations or individuals who partner with Guds, LLC, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through Guds.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of Guds, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Guds, LLC will not be responsible or liable for any use of your Content by Guds, LLC in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Guds, LLC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Guds, LLC as part of the Guds Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of Guds as provided by Guds, LLC, in the manner permitted by these Terms.
All right, title, and interest in and to Guds Services (excluding Content provided by users) are and will remain the exclusive property of Guds, LLC and its licensors. Guds is protected by copyright, trademark, and other laws of both the United States and foreign countries. Guds, LLC reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Guds, LLC or Guds Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on Guds, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Guds, LLC, its users and the public. We also reserve the right to terminate any of your Content at our sole discretion.
You may not do any of the following while accessing or using Guds: (i) access, tamper with, or use non-public areas of Guds Services, Guds’s computer systems, or the technical delivery systems of Guds’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search Guds Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Guds, LLC (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Guds, LLC (NOTE: crawling Guds Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping Guds Services without the prior consent of Guds, LLC is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use Guds Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing Guds Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on Guds Services.
Guds, LLC respects the intellectual property rights of others and expects users of Guds Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Guds will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on Guds is:
Copyright Agent - Guds
4617 Forest Avenue SE
Mercer Island, WA, 98040
The Terms will continue to apply until terminated by either you or Guds, LLC as follows.
You may end your legal agreement with Guds, LLC at any time for any reason by deactivating your accounts and discontinuing your use of Guds.
We may suspend or terminate your accounts or cease providing you with all or part of Guds Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of Guds Services to you is no longer commercially viable. We will make reasonable efforts to notify you through the Guds Services, or the next time you attempt to access your account, or by an email address you have provided us (if applicable). If no feature exists within the product to terminate your account or Content you have provided, contact email@example.com and we’ll delete what you’re requesting to remove.
In all such cases, the Terms shall terminate, including, without limitation, your license to use Guds Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect the rights of Guds, LLC to change, limit or stop the provision of Guds Services without prior notice, as provided above in section 1.
Please read this section carefully since it limits the liability of Guds, LLC and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. Guds Services Are Available “AS-IS”
Your access to and use of Guds Services or any Content is at your own risk. You understand and agree that Guds Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Guds, LLC ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Guds, LLC makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of Guds or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of Guds, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by Guds; (iv) whether Guds will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Guds, LLC or through Guds, will create any warranty not expressly made herein.
Guds Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Guds, LLC Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GUDS, LLC ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE Guds; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON GUDS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM GUDS; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Guds, LLC ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID GUDS, LLC, IF ANY, IN THE PAST SIX MONTHS FOR Guds SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE GUDS, LLC ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
A. Waiver and Severability
The failure of Guds, LLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with Guds Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using Guds in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
C. Entire Agreement
We may revise these Terms from time to time, and the most current version will always be on this page. If the revision, in our sole discretion, is material we will notify you through Guds Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use Guds Services after those revisions become effective, you agree to be bound by the revised Terms.
These Terms are an agreement between you and Guds, LLC, 4617 Forest Avenue SE, Mercer Island, WA, U.S.A.
If you have any questions about these Terms, please contact us firstname.lastname@example.org
Information Collected or Received from You
Creating an Account and Profile Information
If you create a Guds account, you will provide us with certain information that can be used to identify you, such as your name, email address, and phone number (“Personally Identifiable Information” or “PII”). If you create a Guds account using your login credentials from one of your social networking service accounts (“SNS Account”), we’ll be able to access and collect your name and other PII that your privacy settings on the SNS Account permit us to access. If you create a Guds account through one of your SNS Accounts, we may also collect your gender, date of birth, zip code and other information that is not considered PII because it cannot be used by itself to identify you.
Use of your information
Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your account, if you are an account holder), and to enable you to enjoy and easily navigate our Services. In addition, we may use your information to send you information about our Services, respond to your requests and facilitate your use of the Services. We may also use your information to send you e-mails and materials that directly promote our Services.
We may keep track of how you interact with links across our Services, including our email notifications, third-party services, and Apps, by redirecting clicks or through other means. We do this to help improve our Services, for example to provide relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
Like many websites, we use “Cookie” technology to collect additional information, including website usage data, and to improve our Services. A Cookie is a small data file that is placed on your computer’s hard disk by a Web server when you access our Services. Guds may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Services, to better understand how you interact with our Services, to monitor aggregate usage and web traffic routing on our Services, to customize and improve our Services and to identify if you are logged to a SNS Account. Unlike persistent cookies, session Cookies are deleted when you log off from the Services and close your browser. Most Internet browsers automatically accept Cookies. If you do not want cookies from Guds or other websites, you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a cookie from the websites you visit. However, some Services may not function properly if you disable Cookies.
“Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).
Our servers automatically record information (“Log Data”) created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page you were visiting before accessing our Services, pages visited, location, your mobile carrier, device and application IDs, search terms, the links on our Services that you clicked on, streams videos that you watched, access date and time spent on pages and features of the Services and other statistics and Cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, view videos hosted by Guds, or interact with our email notifications. Guds uses Log Data to provide our Services and to measure, customize, and improve them. For instance, Guds may provide you with recommendations based on your use of the Services.
Information Sent by Your Mobile Device
We collect certain information that your mobile device sends when you use our Services, like a device identifier, user settings and the operating system of your device, as well as information about your use of our Services.
We will not share any PII that we have collected from or regarding you except as described below:
Information Shared with the Public
Guds is a video platform and, except for your log-in credentials (like your email, phone number and passwords) which are not available to the public, the information you provide and Content you submit when using the Services is public. This means that not only is the Content that you post publicly available, so is the data provided with such Content (such as, but not limited to, when it was posted), and other activity information like the accounts you follow or that follow you, the number of users who clicked on a particular link, or the Content that you like or comment on (“Usage Information”). In addition to your Content, and Usage Information, your PII associated with your account (like your profile information which includes your username, photograph and biography) is broadly and instantly disseminated to a wide range of users and other services that access Guds. For instance, your profile information and Content may be accessed via our APIs by our partners and other third parties, including developers and publishers, that integrate with our Services. When you share information or Content via the Services, it’s a good idea to be thoughtful about what you share with the public!
Information Shared with Service Providers
We engage third-party service providers to perform functions and provide services to us in the United States and abroad. These third-party service providers only have access to your PII for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your PII for any other purpose.
Information Shared with Third Parties
We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes.
Information Disclosed for Our Protection and the Protection of Others
We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.
Information Disclosed in Connection with Business Transfers
Information that we collect from our users, including PII, is considered to be a business asset. In the event that Guds is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your PII, may be sold or transferred to a third party as part of that transaction.
We offer you choices regarding the collection, use and sharing of your PII and we’ll respect the choices you make. Please note that if you decide not to provide us with the PII that we request, you may not be able to access all of the features of the Services.
If you are a registered user of our Services, we may provide you with tools and account settings to access or modify your PII associated with your account, such as your profile photograph, name, username and biography. If the functionality for modifying your account is not available you can contact us at email@example.com with your request. You can also permanently delete your Guds account or request that we delete your PII, by contacting us at firstname.lastname@example.org. We’ll take steps to delete your information as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.
We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
Our Site does not have the capability to respond to “Do Not Track” signals received from various web browsers.
Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there.
Our Services are not directed to persons under 13. We do not knowingly collect PII from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information from our files as soon as possible and terminate the child’s account.