GUBA Terms of Service
These Terms of Service describe the terms and conditions under which you may use the GUBA website ("Site"). These terms and conditions constitute a legally binding agreement ("Agreement") between GUBA, Inc. (and any successors of GUBA, Inc. and any entities controlled by GUBA, Inc., collectively "GUBA"), and you, the user of the Site (hereinafter "you," and collectively with other users of the Site, "User" or "Users"). If you use the Site as an employee of, on behalf of, or for the benefit of your employer or other entity, you represent to GUBA that you have the power and authority to accept this Agreement on behalf of your employer or company. You and your company will be deemed Users under this Agreement. If you do not agree to this Agreement or if you do not have the power and authority to accept this Agreement on behalf of your company, you may not use this Site and GUBA is unwilling to grant you access to the Site. GUBA may revise this Agreement at any time by updating this Agreement on the Site. You agree that your continued use of the Site after such modifications constitutes your acceptance of the revisions to the Agreement. By accessing the Site you acknowledge that you have read and understood this Agreement. This Agreement was last revised on January 23, 2007.
1. Content Types. While using the Site, you may have access to the following content types:
1.1 Usenet Content. GUBA provides a web interface by which Users may access to view text, image and video content posted by third parties to Usenet. Usenet is a bulletin board system that utilizes communications protocols similar to the protocols used on the Internet. Usenet is unique in that it is a global community to which anyone can post and from which anyone can receive content. There are millions of Usenet users. GUBA does not and cannot monitor content posted to Usenet, whether such content is posted to Usenet through GUBA or via another Usenet provider. GUBA does not produce Usenet content or post content to Usenet. Consequently, GUBA has no control over the quality, origin or legality of the content that can be accessed from Usenet. Content posted to Usenet may be subject to copyright protection and other restrictions imposed by the holder of the copyright to such content. You are solely responsible for determining whether your use of content posted to Usenet is lawful.
1.2 Premium Content. Premium content providers may post their content on GUBA. Premium content providers charge additional fees for access to their content. Such fees are required in addition to GUBA's subscription fee.
1.3 User Posted Content. GUBA provides an automated means by which Users can post content to GUBA ("User Post(s)").
2. Licenses and Restrictions.
2.1 Licenses. Subject to the terms and conditions of this Agreement, GUBA grants you a nonexclusive, nontransferable, revocable license to access the Site solely for your personal, non-commercial use with respect to the following content types:
Usenet content indexed by GUBA. Content posted to Usenet may be subject to copyright protection and other restrictions imposed by the holder of the copyright to such content. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. Premium content available through GUBA. You may not copy, distribute, transmit, broadcast, publicly perform, publicly display, make derivative works of, license, sell, or offer to sell premium content. GUBA provides access to premium content subject to additional fees, restrictions of use, restrictions on reproduction and playback, and terms and conditions. Such additional fees and restrictions are associated with individual premium content titles.
User Posts submitted to GUBA. You may download User Posts to your computer and view User Posts for your personal, non-commercial use. Subject to the forgoing, you may not copy, distribute, transmit, broadcast, publicly perform, publicly display, make derivative works of, license, sell, or offer to sell User Posts.
GUBA Materials, which include code, software, images, videos, and promotional content developed or licensed by GUBA ("GUBA Materials"). You may not (i)copy, distribute, transfer, sublicense, publicly perform, publicly display, create derivative works of, sell, or offer to sell GUBA Materials or any part of the Site (in any medium) without GUBA's prior written consent; (ii)disassemble, decompile, or reverse engineer any portion of GUBA Materials provided in object code form into human perceivable form; or (iii)remove or alter any marks of attribution associated with GUBA Materials or content available on GUBA, or display GUBA Materials or content available on GUBA without reproducing all marks or attribution associated with GUBA Materials or content available on GUBA.
In addition, GUBA makes available an embeddable multimedia player, which accesses information on the Site and which you may incorporate into your website or webpage. If you use GUBA's multimedia player, you must include a prominent link to GUBA on each webpage on which the GUBA multimedia player appears.
2.2 Restrictions. All rights not expressly granted in Section2.1 are hereby reserved. Notwithstanding the foregoing, GUBA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
2.3 Marks. All GUBA trademarks, names, service marks, logos and other marks of attribution displayed on the Site are the property of GUBA. You may not use or display GUBA marks without GUBA's written consent.
2.4 Prohibited Activities. You may not use any portion of the Site for any unlawful purpose. You agree not to collect or harvest any personally identifiable information from the Site, including account names or email addresses, nor use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to (i)introduce computer viruses into the Site; (ii)use any automated system, including without limitation, "robots," "hitbots," "spiders," "offline readers," scripting or any other form of automatic access on the Site or querying of the Site in a manner that sends more request messages to the Site in a given period of time than a human can reasonably produce in the same period by using a convention web browser; (iii)frame, mirror, screen scrape, use hidden frames, or use any other means by which any portion of the Site is framed or appears within another frame or site (even if the frame is invisible); (iv) attempt to gain unauthorized access to the Site or any databases associated with the Site; (v)engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site; or (vi)engage in any activity that circumvents, disables or otherwise interferes with security related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
3. Restricted Areas of the Site.
Certain functions of the Site are restricted to authorized users or require you to provide personal information, and/or create a password-protected account. When creating your account, you must provide accurate and complete information. It is your responsibility to maintain the accuracy of any information provided to GUBA. You are solely responsible for maintaining the confidentiality of your password and your account information, and agree to notify GUBA if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for all activities that occur under your account, including without limitation, any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to hold GUBA harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by GUBA in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name, account or password violates any applicable law or regulation, any third party rights, or incurs any fees or liabilities by virtue of having used your account.
4. Posting Content to GUBA.
You may submit your User Posts to GUBA. You may also share User Posts, invite other Users to view User Posts and make feeds of User Posts. User Posts are made publicly available by GUBA. GUBA does not monitor User Posts. Nonetheless, GUBA may delete without prior notice any User Post that GUBA finds objectionable in its sole discretion.
4.1 Posting Limitations. You agree not to submit a User Post that (i) is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise inappropriate; (ii) is a falsehood or misrepresentation that could damage GUBA or any third party; (iii) is an advertisement or solicitation of business; (iv) is intended to impersonate another person; (v) is harmful to minors; (vi)makes or provides instructional information about illegal activities, such as making or buying illegal weapons or illegal substances; or (vii)violates any third party's privacy.
4.2 Intellectual Property Rights. GUBA RESPECTS THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. WE ASK OUR USERS TO DO THE SAME. You are solely responsible for your User Posts and the consequences of publishing them. You agree NOT to submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post such material to GUBA and to grant GUBA all of the license rights provided in this Agreement. GUBA will remove all User Posts if properly notified that such User Posts infringe another's intellectual property rights or rights of privacy.
4.3 Representations and Warranties. You represent and warrant that (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize GUBA to use all intellectual property rights or other proprietary rights in and to your User Posts as provided in this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in your User Post, to use the name or likeness of each and every such identifiable individual person to so as to legally authorize inclusion and use of the User Post in the manner contemplated by the Site and this Agreement.
4.4 License to GUBA. By submitting User Posts to GUBA, you hereby grant GUBA a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable and assignable license to use, reproduce, distribute, make derivative works of, publicly perform and publicly display your User Posts on the Site, and to distribute your User Posts (and derivative works thereof) in multiple media formats and through any media channels.
4.5 Tags and Comments. Users may place or otherwise associate tags or comments with User Posts. Such tags or comments may misrepresent your User Posts, may rate your User Posts, or may be otherwise disparaging, defamatory, embarrassing, or unfavorable. GUBA does not review, control or monitor tags or comments placed by users and hereby disclaims any liability for the same.
4.6 Placement and Distribution of Content. You agree that GUBA shall have the right to include or otherwise associate advertising, promotional, and other content with your User Posts. You hereby waive and agree never to assert against GUBA any moral rights that you may have in your User Posts during and after the term of this Agreement.
4.7 Indemnification. You will defend, indemnify and hold harmless GUBA, its directors, officers, employees, subsidiaries and affiliates ("GUBA Affiliates") from and against all claims, liabilities, allegations, suits, actions, investigations, judgments, deficiencies, settlements, inquiries, demands, or other proceedings ("Claims") made or brought by any third party against any GUBA Affiliate, including without limitation reasonable legal fees and expenses, in connection with (i) your breach of this Agreement, or (ii) any Claim associated with your User Posts. GUBA shall provide you with prompt notice of any Claim and an opportunity to defend the Claim, provided that GUBA (A) may participate at your expense in any defense and settlement discussions; and (B) will have the right to approve any settlement agreement purporting to bind GUBA. In addition, GUBA may, at your expense, take full control of the defense of any Claim if GUBA believes that you have not defended such Claim in a reasonable and diligent manner, and that such failure may result in adverse consequences for GUBA.
5. Ownership.
5.1 User Posts. You retain all of your ownership rights in your User Posts.
5.2 GUBA Materials and Derivative Works. GUBA will own any GUBA Materials and any trademarks, service marks and logos contained on the Site. Subject to your ownership of User Posts, GUBA will own any derivative works or improvements created under the Agreement.
6. Fees.
Your account, payment and subscription information is located in the "My Account" section of the Site. You agree to pay the fees incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when those charges are incurred. GUBA will bill all charges automatically to your credit card, unless you use an alternative payment method, in which case GUBA will bill you accordingly. Subscription fees will be billed at the beginning of your subscription and upon any renewal. All fees and charges are nonrefundable. If you want to use a different credit card or there is a change in credit card validity or expiration date, you must change your account information in the "My Account" section of the Site. If you have a billing inquiry, please contact us at 415-398-5674.
7. Privacy Policy.
Your use of the Site is governed by GUBA's Privacy Policy, which is incorporated into this Agreement by reference.
8. Copyrights and Copyright Agents.
GUBA RESPECTS THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. WE ASK OUR USERS TO DO THE SAME. IF YOU BELIEVE THAT CONTENT APPEARING ON THE GUBA SITE VIOLATES YOUR INTELLECTUAL PROPERTY RIGHTS, YOU SHOULD PROVIDE GUBA'S COPYRIGHT AGENT WITH SUBSTANTIALLY THE FOLLOWING INFORMATION:
1. A Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed, or if there are multiple works, a representative list of the works. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a file infringes your copyrights.
3. A description of the material that you claim is infringing and information sufficient to establish where it is located on the website, which information should include the complete URL associated with each file, image or video. To delete files from GUBA's index, GUBA requires an accurate means by which to identify potentially infringing files. To accurately identify files, you must reference the URL associated with that file, which is located in the location box in your browser.
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
GUBA's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
GUBA, Inc.
601 Van Ness Ave #E3-970
San Francisco, California 94102
copyright@guba.com
GUBA does not condone posting, reproduction or distribution of material by anyone other than the copyright holder or the copyright holder's authorized agents. GUBA RESERVES THE RIGHT TO REMOVE CONTENT IN ITS DISCRETION AND TERMINATE THE ACCOUNTS OF GUBA USERS WHO REPEATEDLY INFRINGE, OR APPEAR TO INFRINGE, THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES.
9. Term and Termination.
This Agreement will commence upon your access to the Site and will continue until terminated by either party. Either party may immediately terminate this Agreement for any reason, provided that GUBA will not terminate your access to the Site unless you breach this Agreement or unless your subscription expires. GUBA will terminate your access to the Site and this Agreement if you repeatedly violate Agreement. GUBA reserves the right to terminate the account of any GUBA subscriber who initiates litigation against GUBA. GUBA is not obligated to provide notice of termination to you. The election to terminate this Agreement shall not be deemed an election of remedies, and all other remedies provided by this Agreement, or available at law or in equity shall survive termination. The provisions of Sections2.2-2.4, 3, 4.3, 4.1-4.7, 5, 6, 7, 8, 9, 10, 11, 12 and 13 will survive termination of this Agreement.
10. Third Party Interaction.
In your use of the Site you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third parties that advertise on this Site. Unless otherwise stated in writing by GUBA, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion is solely between you and the applicable third party. You agree that GUBA has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. GUBA does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of third party content, or any associated information. You acknowledge that any use, access to, or reliance on third party content or websites is at your own risk.
11. Disclaimer of Warranty.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. GUBA MAKES THE SITE AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT, NON-INFRINGEMENT, COURSE OF DEALING OR USAGE OF TRADE. GUBA DOES NOT WARRANT THAT THE SITE WILL FUNCTION ERROR-FREE OR WITHOUT INTERRUPTION. GUBA MAKES AVAILABLE THE SITE AND THE CONTENT ON THE SITE "AS IS" AND DOES NOT WARRANT (I)ANY MATERIAL AVAILABLE ON USENET OR PROVIDED TO GUBA BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED PREMIUM CONTENT OR USER POSTS; (II)THAT MATERIAL AVAILABLE ON THE SITE WILL NOT INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS OR RIGHTS OF PRIVACY; (III) THE TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL ON THE SITE; (IV) THAT GUBA CAN PREVENT UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION PROVIDED TO GUBA, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. THE DISCLAIMERS IN THIS SECTION11 WILL APPLY EVEN IF ANY WARRANTY PROVIDED UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. IF GUBA CANNOT DISCLAIM A WARRANTY, THE DURATION AND SCOPE OF SUCH WARRANTY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.
12. Disclaimer of Liability.
12.1 Liability Limit. GUBA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LIABILITIES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO USENET CONTENT, PREMIUM CONTENT OR USER POSTS, OR YOUR USE OF THE SITE.
12.2 Consequential Damages. IN NO EVENT WILL GUBA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS INTERRUPTION OR LOST PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, TORT OR OTHERWISE, AND WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
12.3 Additional Rights. THE LIMITATIONS IN THIS SECTION12 WILL APPLY EVEN IF ANY LIMITATION ON LIABILITY PROVIDED UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTIAN LIABILITIES, SO SOME OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF GUBA CANNOT DISCLAIM A LIABILITY, THE DURATION AND SCOPE OF SUCH LIABILITY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.
13. General.
13.1 Assignment. You may not assign this Agreement, in whole or in part, or your rights or obligations under this agreement, without GUBA's prior written consent. Any attempt by you to assign this Agreement other than as permitted above will be null and void. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
13.2 Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in San Francisco, California, for the resolution of all disputes arising from or related to this Agreement and/or your use of GUBA Sites.
13.3 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
13.4 Email Promotions. You hereby consent to receive notification from GUBA of promotions and other notices to the email address that you provide to GUBA.
13.5 Cooperation. You acknowledge that GUBA will report to law enforcement authorities any actions that may be considered illegal. When requested, GUBA will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
13.6 Miscellaneous. A failure to enforce any provision of this Agreement will not be interpreted as a waiver of that breach or any preceding or succeeding breach of the same or similar nature. The headings of the clauses of this Agreement are solely for the purpose of convenience and will not be used in the interpretation of any provision. The substantially prevailing party in any dispute relating to this Agreement will be entitled to recover associated costs, including the reasonable fees of attorneys and other professionals. This Agreement, including any commissions and terms referenced herein, contain the entire understanding of the parties. This Agreement is made for the benefit of the parties and not for the benefit of any third parties. This Agreement will be interpreted in accordance with its terms and without any strict construction in favor of or against either party.
If you have any questions concerning this Agreement, please contact support@guba.com.