Welcome to The Guam Guide.com (the “Site”). The following are the rules (“Terms”) that govern your use of the Site. By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. The Guam Guide, LLC (“The Guam Guide”, “we” or “us”) reserves the right to change these Terms at any time, effective immediately upon posting on the Site.
Permitted Use
You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, adapt, create derivative works, appropriate, reproduce, or otherwise distribute, sell, trade, or in any way exploit the material on this Site for any use, or for any purpose other than as described in these Terms. Unless specifically authorized by The Guam Guide, you also agree not to deep-link to the Site for any purpose, or to mine the Site to create a database of businesses or business reviews for any commercial purpose. Use of this Site is void where prohibited.
Registering with The Guam Guide.com In order to take advantage of certain features on the Site, you may be required to register. You will be required to register if you want to set up a “My The Guam Guide” account and post reviews, ratings, photos, videos, lists, graphics, texts, and other communications regarding events or businesses in your community (collectively, “Content”). You will also have to register to save your favorite restaurant profiles, receive discount offerings or other information from The Guam Guide, and for other functionality that The Guam Guide may offer through “My The Guam Guide”. The Guam Guide’s use of any personal information that you provide to us during any registration process is governed by The Guam Guide’s privacy policy. The Guam Guide has no obligation to store, retain or provide you with copies of your posted Content, nor does The Guam Guide guarantee any confidentiality with respect to the posted Content (except as set forth in our Privacy Policy.
My The Guam Guide Account
If you register for a “My The Guam Guide” account, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these Terms, The Guam Guide may, at its sole discretion, terminate your account, remove or modify any account-related content or access, or take any other action that The Guam Guide deems appropriate.
User Content Rules
You agree that the Content you post will not:
- Be offensive, harmful and/or abusive, including but not limited to, contain images depicting or language containing expletives or profanities, obscenities, harassment, vulgarities, sexually explicit material or that promotes bigotry or discrimination against protected classes (e.g., racist/discriminatory speech or imagery.)
- Accuse others of illegal activity, or describe physical confrontations and/or sexual harassment.
- Be of a nature that does not address the goods and services, atmosphere, or other attributes of the business or have no qualitative value (including, but no limited to, spam, chain or other mass messaging).
- Be a shill or a deceptive advertisement or cause, or be a result of, a conflict of interest.
- Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights.
- Be inappropriate based on the applicable subject matter.
- Contain personal information or messages including email addresses, URLs, phone numbers and postal addresses.
- Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials.
- Contain material that violates the standards of good taste or the standards of this Site.
- Contain material that is illegal, or that violates any federal, state, or local law or regulation.
- Contain language or images intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures.
- Contain material that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
- You may not assert or imply that your posted Content is in any way sponsored or endorsed by The Guam Guide. You are solely responsible for the Content that you post, and you assume any and all risks and liability that may arise from your posted Content.
The Guam Guide reserves the right, but not the obligation, to refuse to post, reinstate, disable from view or remove any user Content that we determine, in our sole discretion, to be violations of any User Content Rules.
No Endorsement
User Content does not reflect the views of The Guam Guide; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders. The Guam Guide does not assume responsibility or liability for any Content or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
Ownership of Content
Any Content that is submitted on the Site shall be owned exclusively and in perpetuity by The Guam Guide. You represent that you have the necessary permissions to use, and transfer to The Guam Guide the exclusive ownership and use of, the posted Content. Such exclusive ownership means that The Guam Guide, its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, license, reproduce, modify, translate, transmit, and distribute any and all Content that you post. The Guam Guide is under no obligation to give credit or pay any consideration to you for your Content. You waive completely and in perpetuity any claims and rights associated with your posted Content.
Reporting Claims of Infringement and Copyright Dispute Resolution
The Guam Guide has adopted the following procedures and policies to handle copyright infringement notifications in accordance with the Digital Millennium Copyright Act (“DMCA”). Upon receiving notice of a potential copyright infringement claim, The Guam Guide will remove or disable access from the Site the alleged infringing Content if such notice complies with the requisite elements under the DMCA. Further, if a user is found to be a repeat offender, The Guam Guide may terminate the user account.
Procedure to Report an Infringement Notification
If you believe that your copyright has been or is being infringed upon by material found on the Site, you are required to follow the below procedure to file a notification:
- Identify in writing the copyrighted material that you claim has been infringed upon;
- Identify in writing the material on the Site that you allege is infringing upon the copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (e.g., the user name of the alleged infringer and the business listing it is posted under);
- Include the following statement: “I have a good faith belief that the use of the content on the Site as described above is not authorized by the copyright owner, its agent, or law.”;
- Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf.”;
- Provide your contact information including your address, telephone number, and e-mail address (if available);
- Provide your physical or electronic signature; and
- Send the written communication to: The Guam Guide Legal Department, 3206 Chalan Gagu, Tamuning, Guam 96913
Please note that you may be subject to liability under Section 512(f) of the DMCA if you knowingly materially misrepresent that material on the Site infringes upon your copyright.
Procedure to Report a Counter-Notification
If you believe that Content has been mistakenly removed pursuant to a claim filed under the DMCA, you are required to follow the below procedure to file a counter-notification:
- Identify in writing the copyrighted material that you claim has been infringed upon;
- Identify in writing the material on the Site that you allege is infringing upon the copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (e.g., the user name of the alleged infringer and the business listing it is posted under);
- Include the following statement: “I have a good faith belief that the use of the content on the Site as described above is not authorized by the copyright owner, its agent, or law.”;
- Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf.”;
- Provide your contact information including your address, telephone number, and e-mail address (if available);
- Provide your physical or electronic signature; and
- Send the written communication to: The Guam Guide Legal Department, 3206 Chalan Gagu, Tamuning, Guam 96913
For additional questions regarding The Guam Guide’s procedure in handling copyright infringement notifications, please send an email to legal@theguamguide.com.
Contact Us
If you see objectionable content or have any questions about these Terms of Use, please contact The Guam Guide at legal@theguamguide.com.
Links and Search Results
The Site may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. The Guam Guide has no control over these sites or the content within them. The Guam Guide cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. The Guam Guide does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against The Guam Guide for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at legal@theguamguide.com, and The Guam Guide will investigate your claim and take any actions The Guam Guide deems appropriate at our sole discretion.
Business listings located on the Site are selected for display in search results based primarily on their content in relation to the user-provided search terms. Consequently, both customer and non-customer listings will be included in a search results list, and we will not discriminate based on whether a business is a customer with regard to placement or inclusion in the business listings. The Guam Guide customers do not pay to be included in certain search result listings or to retain a specific ranking. However, due to the fact that The Guam Guide customers typically provide more content relative to their non-customer counterparts (e.g., in the form of offers, business biographies, etc.), it is possible that The Guam Guide customers will be displayed at a higher ranking in a search results page.
The Guam Guide customer listings may be rotated within the search results due to a number of factors, none of which are determined by paid inclusion or paid placement. Thus, such variable placement of The Guam Guide customers is not intended to displace non-customer search results placement or inclusion. Indeed, non-customers with a good deal of quality content could appear higher on search result returns than The Guam Guide customers.
RSS Feeds
The Guam Guide provides Really Simple Syndication (“RSS”) on the Site as a free service to allow users to subscribe to our content. You agree that your use of any RSS feeds (“RSS Feeds”) will be non-commercial and that you will not attempt to re-sell, redistribute, or syndicate any content contained in the RSS Feeds (“The Guam Guide Content”) in any way. The Guam Guide shall have sole discretion over what The Guam Guide Content is made available via the RSS Feeds at any time, and The Guam Guide (and the users who contribute their Content) shall have sole editorial control over the The Guam Guide Content. The Guam Guide retains all right, title and interest in and to the RSS Feeds, the The Guam Guide Content and the Site.
You may not alter any The Guam Guide Content in any manner whatsoever. You may not directly or indirectly change, edit, modify, add to or otherwise create derivate works of the The Guam Guide Content. The title of each The Guam Guide Content shall be hyperlinked with the provided URL without redirects and the link shall not contain “no-follow tags” and is not within java script.
The Guam Guide reserves the right to modify or discontinue providing any or all RSS Feeds at any time. The Guam Guide may also require you to cease distributing, displaying, or using the RSS Feeds for violating any of the Terms and Conditions with respect to RSS Feeds.
If you have any questions about the RSS Feeds, please contact legal@theguamguide.com.
Offline Conduct
Although we cannot monitor the conduct of its users off the Site, it is a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site.
Unauthorized Use of the Site Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
Eligibility
You may not use the Site if you are under thirteen (13) years of age.
Violation of the Terms
You agree that monetary damages may not provide a sufficient remedy to The Guam Guide for violations of these terms of use and you consent to injunctive or other equitable relief for such violations.
DISCLAIMERS
THE GUAM GUIDE DOES NOT PROMISE THAT THE SITE OR RSS FEEDS WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH, RSS FEED, OR LINK ON IT. THE SITE, RSS FEEDS, AND THEIR CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE GUAM GUIDE CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE OR RSS FEEDS WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE GUAM GUIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF ANY KIND AS TO THE OPERATION AND FUNCTIONALITY OF THE SITE OR RSS FEEDS, THE ACCURACY OF ANY BUSINESS LISTINGS AND REVIEWS ON THE SITE OR RSS FEEDS, THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY CONTENT ON THE SITE OR RSS FEEDS, OR THE PRODUCTS AND SERVICES OF ANY BUSINESSES LISTED OR ADVERTISED ON THE SITE OR RSS FEEDS. THE GUAM GUIDE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR RSS FEEDS, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.
The Guam Guide disclaims any and all liability for the acts, omissions, and conduct of any third-party users, The Guam Guide users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. The Guam Guide is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to The Guam Guide at legal@theguamguide.com. The Guam Guide may investigate the claim and take appropriate action, at its sole discretion.
LIMITATION ON LIABILITY EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE GUAM GUIDE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF THE GUAM GUIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disputes
If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the Territory of Guam without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in courts of the Territory of Guam.
Indemnity
You agree to indemnify and hold The Guam Guide, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site.
