These terms affect those who use the Guidrr guide-creation platform to produce guides. Creators accept these terms online at the platform once they log on for the first time using an Instagram login. This is a copy of the terms - the original is accepted by each creator once logged in to the platform online.
LAST UPDATED JULY 20 2017
Overview of Guidrr, Inc.
Guidrr, Inc. (“Guidrr”) offers a content creation and distribution platform consisting of a custom destination guide creation platform, an iOS app, and a Web viewer (collectively, the “Service”).
The Service enables those seeking to create destination-relevant content (collectively, “Creators”) to use Guidrr’s proprietary process and product to create content in the form of mobile digital travel guides (“Guides”) and offer them to end users within the Guidrr iOS app, through a web view, and through any other distribution platforms that Guidrr may offer in the future.
Guidrr, Inc., which is a marketing technology platform for destination content creators, offers both a free option and paid subscription options to use its Service. Creators self-create Guides for view by Users – who can use the Services to browse and download Guides from around the world. Guidrr reviews all submitted Guides, which are then forwarded for publication on a schedule, in a process of approval managed by the Guidrr team. The Guidrr team may reject Guides for any reason or no reason, in their sole discretion.
There are a few ways to become a creator on Guidrr:
1. Free/Trial Creators. Creators can road-test the platform and create multiple pieces of content. A creator account enables the posting of one approved Guide to be visible on the Services at no cost to the Creator.
2. Subscribing Creators. Those with an online presence and a need to create multiple destination guides can pay for access to the ability to share multiple guides on the Service - and further subscribe to host a branded channel within the Service that houses their content. These subscribing users also receive additional benefits, including but not limited to, analytics and community best-practices, based on their subscription level. Occasionally, Guidrr may offer a Creator the ability to use the Subscription Service at a promotional cost that may be reduced from the market rate, in the sole discretion of Guidrr.
The current pricing schedule for subscriptions is available here (http://www.guidrr.com/subscribe-creators/) for review by Creators. This pricing schedule may be updated to alter prices or change features at any time without prior notice to existing subscribers.
Our Agreement with our Creators
This document governs use of the Guidrr platform and outlines our agreement with approved creators. It also covers our Creator Key Principles, our transparent outline of the philosophy underlying Guidrr.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND GUIDRR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU IRREVOCABLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1 You must be at least 13 years old to use the Service.
2 You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
4 You are responsible for any activity that occurs through our Service (accessible at creator.guidrr.com account) and you agree you will not sell, transfer, license or assign your Guides or any account rights to others. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Guidrr prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
5 Guidrr is not responsible for your Instagram account or log in credentials. You alone are responsible for keeping your Instagram login update to date. The only way we use your Instagram log in is to authenticate your access and to provide you with the ability to include your own Content in your Guides. Although we store your Instagram username, Guidrr does not store or retain your Instagram login credentials, and you hereby expressly waive any and all causes of action against Guidrr arising out of or related to your Instagram account.
6 You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via Guidrr, including, without limitation, any sensitive personal information, private addresses, or private email accounts.
7 You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
8 You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials including all associated geotags and meta data (collectively, "Content") that you submit, post or display on or via the Service.
9 Guidrr uses Instagram's private API to enable you to include your own Instagram photo and video elements in your Guides. We are not responsible for Instagram’s API and access to the Instagram API may change at any time and may be replaced with another means of access. Use of Instagram's API is subject to a separate set of terms available here: http://instagram.com/about/legal/terms/api/. In the future Guidrr may build its own tools or add other third-party services and tools in order to provide you with the ability to build and share original Guides.
10 You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
11 You must comply with Guidrr’s Creator Key Principles, available here: http://www.guidrr.com/5-principles.
1 We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Guidrr account by emailing us here: firstname.lastname@example.org with the Subject Line “Deactivate My Account” and you must include the Instagram handle used to access our Service in the request. If we terminate your access to the Service or you use our email request process to deactivate your account, your Guides will no longer be accessible through the Guidrr app to new Users but current Users who have purchased and paid for your content and have it downloaded on their phone will still be able to use it - those materials and data may persist and appear within the Service into perpetuity.
4 We reserve the right to refuse or suspend access to the Service to anyone for any reason at any time.
6 You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Guidrr is not responsible or liable for the conduct of any user. Guidrr reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Guides or any personal or other information.
7 There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Guidrr does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Guidrr is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. From time to time, you may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Guidrr has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Guidrr Parties (defined below) harmless for activity related to the Application.
8 You agree that you are responsible for all data charges you incur through use of the Service.
9 We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and Guides (except as may be the result of standard search engine protocols or technologies used by a search engine with Guidrr’s express consent).
1 Guidrr does not claim ownership of any Content that you post on or through the Service whether included in your Guides or not. Instead, you hereby grant to Guidrr a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to the Content that you use to create Guides on or through the Service. With respect to Guides, the technology and templates to create the Guides shall be the property of Guidrr, however the content of the Guides shall be the Creator’s Property.
2 Some of the Service may in the future be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Guidrr may place such advertising and promotions on the Service or on, about, within, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
4 The Service contains content owned or licensed by Guidrr ("Guidrr Content"). Guidrr Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Guidrr, Guidrr owns and retains all rights in the Guidrr Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Guidrr Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Guidrr Content.
5 The Guidrr name and logo are trademarks of Guidrr, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Guidrr. In addition, all taglines, page headers, product formats, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Guidrr, and may not be copied, imitated or used, in whole or in part, without prior written permission from Guidrr.
6 Although it is Guidrr’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Guidrr reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Guidrr, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Guidrr encourages you to maintain your own backup of your Content. In other words, Guidrr is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Guidrr will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
9 It is Guidrr’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Guidrr does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Guidrr is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Reporting Copyright and Other IP Violations
1 We respect other people's rights, and expect you to do the same.
2 If you repeatedly or intentionally (i) infringe on Guidrr’s intellectual property rights, or (ii) infringe other people's intellectual property rights, we will disable your account when appropriate.
3 Report or respond to any copyright violations to us at: email@example.com with the Subject Line: “Copyright Violation Report/Response.” You recognize and hold us harmless for the time it takes for us to conduct a good-faith investigation into the violation and understand that reporting false violations may result in legal fees and/or court action. You understand that if others either inside our community or as outside Users report violations relating to Guides you have created, we may temporarily or permanently remove these Guides from the Service while a claim is under investigation. We have a zero tolerance policy for copyright/IP violations by Creators.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, GUIDRR CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER GUIDRR NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "GUIDRR PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE GUIDRR CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO GUIDRR OR VIA THE SERVICE. IN ADDITION, THE GUIDRR PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE GUIDRR PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY 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 CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE GUIDRR PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE GUIDRR CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE GUIDRR PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE GUIDRR PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE GUIDRR PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE GUIDRR PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF GUIDRR’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE GUIDRR PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE GUIDRR PARTIES.
GUIDRR IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Guidrr can require the other to participate in an arbitration proceeding. To opt out, you must notify Guidrr in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Guidrr, Inc., ATTN: Arbitration Opt-out 17290 Preston Road, Unit 300, Dallas TX.
You must include your name and residence address, the Instagram handle you use for your Guidrr account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Guidrr.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Guidrr must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Guidrr to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Guidrr provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.