Terms & Conditions
By visiting, using or submitting content to the websites (“Websites”) and mobile applications (“Mobile Apps”), owned, operated or controlled by GuruShots Ltd. (“GuruShots“, “we”, “us” or “our”) that link to these terms and conditions (collectively, the “Services“), you agree to the terms and conditions set forth herein (the “Terms & Conditions“), which apply to all users of our Services (“Users“).
These Terms & Conditions include important agreements about your rights and the rights of GuruShots, including a binding agreement about how to resolve any disputes between us connected to the Services. These Terms & Conditions also contain disclaimers of warranties and limitations on liability that may be applicable to you. See the Warranty Disclaimer and Limitation of Liability sections below.
1. Contact Information
GuruShots is a company registered in the State of Israel and has its registered office at 65 Yigal Alon, Tel Aviv Israel. If you have any questions, comments, or concerns about our Services or Terms & Conditions you may contact us at: firstname.lastname@example.org or online here.
You are hereby granted permission to use our Services, as set forth in these Terms & Conditions, provided that: (a) your use of our Services shall be solely for your personal and noncommercial use; (b) you will not copy or distribute any part of our Services in any medium without GuruShots’ prior written consent; (c) you will not alter or modify any part of our Services; and (d) you will comply with these Terms & Conditions.
To access certain features of our Services, you may have to create an account in your name.
You may create an account or log-in to your account via a third-party network, such as Apple, Facebook or Google. If you do so, you hereby authorize GuruShots to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
You may never use any third party’s account without permission. When creating your account, you must provide complete and accurate information. You are solely responsible for all activity on your account and must keep your account username and password secure and must restrict access to your password, your computer and mobile device while logged into the Services. You must notify GuruShots immediately upon any breach of security or unauthorized use of your account. Although GuruShots will not be liable for losses caused by any unauthorized use of your account, you may be liable for losses sustained by GuruShots or others, due to such unauthorized use. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. You may not assign or otherwise transfer your account to any other person or entity. You agree that any account you may create via these Services may be terminated, and/or some or all the associated account information deleted, following a period of inactivity. Such deletion may be done without prior notice.
While using our Services, you agree not to use any automated systems which access our Services in a manner that sends more request messages to GuruShots’ servers, in any given period of time, than a human can reasonably produce in the same period, for example, by using a conventional online web browser.
You may not conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to our Services. This includes using (or permitting, authorizing or attempting the use of): (a) any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Services or any data, content, information or services accessed via the same; and (b) any automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations. This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Notwithstanding the foregoing, GuruShots grants the operators of public search engines permission to use spiders to copy materials from our Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
GuruShots reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to solicit, for commercial purposes, any Users. All GuruShots’ Website or Mobile App products, Battles and other Services are voided where prohibited by law.
We have the right to disable any username or password, whether chosen by you or allocated by us, and refuse current or future access to or use of the Services, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms & Conditions or if we consider that you are using our Services to upload or download content or infringe in any manner the rights of another person.
We also reserve the right to disclose your identity to any person who claims that any Submissions (as defined below) you have uploaded to our Services or any Generated Content (as hereafter defined) you have generated using the Content Generation Tools (as hereafter defined) infringes their intellectual property rights or their right to privacy or is defamatory.
We may change or discontinue our Services, temporarily or permanently, in our sole discretion and without prior notice. The Mobile Apps may download and install upgrades, updates and additional features in order to improve the Services. You agree that you will not rely on the continued availability of our Services in taking any action, refraining from any action, or entering into any commitment.
4. Third Party Websites
Our Services permit the submission of images, photos and other communications, content and materials (“Submissions“) and the hosting, sharing, and publishing of such Submissions. Whether or not such Submissions are published, GuruShots does not guarantee the confidentiality of any Submissions. You retain all your ownership rights (including copyright) in your Submissions. However, by submitting the Submissions to GuruShots, you hereby grant GuruShots a fully paid-up, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable license to (i) display the Submissions to other Users and visitors to our Services; and (ii) use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Submissions on our Services, third party websites and social media for the purposes of providing and promoting our Services and GuruShots.
All Submissions are credited to the User who submitted or made available the Submissions to the Services, and Submissions will not be used, except as permitted by these Terms & Conditions. Submissions shall be used in the context of promoting our Services and GuruShots at our sole discretion and with no additional compensation owed to the User. Battles conducted on our Services may have additional terms of participation. Subject to the rights licensed above, Users shall at all times retain all copyright interest in any and all Submissions they submit (in accordance with this Section 5).
You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with your Submissions, you affirm, represent, and warrant that you own or have the necessary licenses, rights, and permissions to submit or make available the Submissions to the Services and to license GuruShots to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by our Services and these Terms & Conditions. You further affirm, represent, and warrant that you have the written consent, release, and permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by our Services and these Terms & Conditions.
6. Generated Content
You may be able to use content generation tools made available in certain of our Services (“Content Generation Tools”) to generate images, graphics, and other content (collectively, “Generated Content”). While the information and other content you enter or submit using any Content Generation Tools constitutes a “Submission”, Generated Content shall not constitute a “Submission” hereunder. By using the Content Generation Tools, you agree that Generated Content may only be used on the Services and, unless otherwise separately authorized by GuruShots, Generated Content may not be reproduced, downloaded or otherwise distributed other than on the Services. By using the Content Generation Tools, you acknowledge and agree that use of the Content Generation Tools is at your own risk and Gurushots makes no representation or warranty whatsoever regarding any Generated Content, including, without limitation, with respect to any User’s assertion of ownership rights or interest in or to any Generated Content. By generating Generated Content using the Content Generation Tools, you hereby grant GuruShots a fully paid-up, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable license to (i) display the Generated Content to other Users and visitors to our Services; and (ii) use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Generated Content on our Services, third party websites, social media, and all other media now known or hereafter developed for any and all purposes, including, without limitation, for the purposes of providing and promoting our Services and GuruShots. For the avoidance of doubt, Generated Content may be used in the context of promoting our Services and GuruShots at our sole discretion and with no additional compensation owed to the User.
You are prohibited from using, and by using the Content Generation Tools, you represent and warrant that you will not use, the Content Generation Tools or any other aspect of the Services:
a) In any way that violates any applicable national, federal, state, local or international law or regulation;
b) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
c) To generate or disseminate verifiably false information and/or content with the purpose of harming others;
d) To generate or disseminate personal identifiable information that can be used to harm an individual;
e) To defame, disparage or otherwise harass others;
f) For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
g) For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
h) To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
i) For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
j) To provide medical advice and medical results interpretation;
k) To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
7. Additional Submissions and Generated Content Terms
GuruShots does not endorse any Submission or Generated Content, or any opinion, recommendation, or advice expressed therein and GuruShots expressly disclaims any and all liability in connection with Submissions and Generated Content. GuruShots does not permit copyright infringing activities and infringement of intellectual property rights on our Services, and GuruShots will remove all Content (as hereafter defined), if properly notified that such Content infringes on another’s intellectual property rights.
As a condition of your use of the Services, you agree that you will not use the Services for any purpose or in any way that is prohibited by these Terms & Conditions or that violates any applicable laws or regulations. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not collect or aggregate information regarding other users’ actions related to the Services, and you may not otherwise obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
GuruShots reserves the right to remove Content and close accounts without prior notice. GuruShots will also terminate a User’s access to its Services, if they are determined to be an infringer. GuruShots also reserves the right to decide whether a Submission or any other Content is appropriate and complies with these Terms & Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. GuruShots may remove such Submissions and Generated Content and/or terminate a User’s access for violation of these Terms & Conditions at any time, without prior notice and at its sole discretion. In certain circumstances, you may also receive invitations to participate in GuruShots exhibitions, events or publications in galleries or other locations around the world, which may be subject to an additional fee paid by you to GuruShots. In such cases, you hereby grant GuruShots a fully paid-up, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display the Submissions and Generated Content at the exhibitions, events or publications, and on our Services, third party websites, social media, in print or any other medium for the purpose of promoting the exhibitions, events or publications. Such GuruShots exhibitions, events or publications may have additional terms of participation.
You may not use our Services, create an account, display, upload, modify, publish, store, update, share, email or otherwise transmit to GuruShots information or any Submissions, that within the sole discretion of GuruShots:
a) belong to another person, are 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 their rightful owner to post the material and to grant GuruShots all of the license rights granted herein;
b) contain falsehoods or misrepresentations that deceive or mislead the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact, that could damage GuruShots or any third party;
c) are unlawful, obscene, defamatory, libelous, threatening, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, harassing (including on the basis of gender), hateful, racially or ethnically offensive or objectionable, or relate to or encourage money laundering or gambling or conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate;
d) are harmful to children;
e) threatens the unity, integrity, defense, security or sovereignty of any nation state, friendly relations between nation states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to a nation state;
f) contain a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
g) are patently false and untrue, and are written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
h) consist of advertisements or solicitations of business, mass messaging, political campaigning or any form of spam; or
i) impersonate another person.
Content on GuruShots’ Services
All content (including, without limitation, Submissions, Content Generation Tools, and Generated Content) on our Services (“Content“) is provided to you AS IS, for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent of GuruShots.
GuruShots reserves all rights not expressly granted in and to our Services. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any copying or distribution of Generated Content and any use, copyright, or distribution of any Content of third parties obtained through our Services for any commercial purposes. In making any use of any Content, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of our Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of our Services or the Content therein. You may not harvest or collect information, including screen names, about other members or Users. The use of any information learned through our Services is limited to the express purposes set forth in these Terms & Conditions; all other uses are strictly prohibited.
Nothing contained in the Services or in these Terms & Conditions should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any name, logo, trademark or service mark displayed in the Services without the written permission of GuruShots or such third party that may own the trademark displayed via the Services, and you may not use any name, logo, trademark, or service mark available via the Services without prior written approval by GuruShots. Except as expressly permitted in these Terms & Conditions, you may not copy, display, distribute, perform, create derivative works of, or otherwise use the Services or their Content.
We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback“). If you provide Feedback, you hereby grant to GuruShots a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send GuruShots any Feedback that you do not wish to license to us as set forth above. Feedback shall be used by GuruShots at our sole discretion and with no additional compensation owed to the User.
For any complaints regarding copyright infringement, please send an email to email@example.com.
If you believe in good faith that any material provided through the Services infringes upon your copyright, you may send notice to GuruShots requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act (“DMCA“), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) and https://www.loc.gov/copyright for further details). The notice must include all of the following:
An electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to have been infringed (or, if you believe multiple copyrighted works have been infringed, a representative list of such works); identification of the allegedly infringing material and sufficient information as to the location of the allegedly infringing material so that it may be found and identified; the complainant’s name, address, telephone number and, if available, email address; a written statement by the complainant of 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 a statement by the complainant, under the penalty of perjury, that the information in the notification is accurate, and under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send GuruShots a counter-notice. All notices with respect to GuruShots should be sent to the GuruShots Copyright Agent.
GuruShots suggests that you consult your legal advisor before filing a notice or counter-notice. You expressly acknowledge and agree that GuruShots shall not be liable to you under any circumstances for declining to replace material. Also, be aware that there can be penalties for false claims under the DMCA.
GuruShots’ designated Copyright Agent to receive notifications of claimed infringement is:
65 Yigal Alon St.
Tel Aviv, Israel 6744316
Phone: 1 646 600 2063
Only DMCA notices should go to the Copyright Agent.
11. Marketing Communications
By accepting these Terms & Conditions, you agree to receive marketing communications from us as part of the Services (e.g., via email or SMS), unless you have opted out of receiving such marketing communications. You can change your contact preferences at any time by sending us an email with your request to the email above. If you wish to stop receiving marketing communications from us, you may ask us to stop sending you marketing communications at any time by following the opt-out link on any marketing message sent to you or by contacting us.
By using the Mobile Apps, you also agree that we can send notifications to your mobile device (push notifications) or email regarding your activity, or activity relating to you, in the Mobile Apps, as well as service messages. At any time, you can manage your push notification preferences or deactivate these notifications by turning off the notification settings in the device settings of your mobile device. You may ask us to stop sending email notifications to you at any time by contacting us.
YOU AGREE THAT YOUR USE OF OUR SERVICES SHALL BE AT YOUR SOLE RISK. THE INFORMATION, SOFTWARE, SERVICES AND CONTENT MADE AVAILABLE THROUGH OUR SERVICES ARE PROVIDED TO YOU “AS IS”. TO THE FULLEST EXTENT PERMITTED BY LAW, GURUSHOTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, DISTRIBUTORS, SUB-LICENSEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR SERVICES AND YOUR USE THEREOF INCLUDING WITHOUT LIMITATION, WARRANTIES, EITHER EXPRESS OR IMPLIED, SUCH AS THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. GURUSHOTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT ON OUR SERVICES OR THE CONTENT OF ANY SITES LINKED TO OUR SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 OUR SERVICES. NOTHING IN THESE TERMS & CONDITIONS, SHALL EXCLUDE SUCH WARRANTIES OR LIMIT LIABILITY OF GURUSHOTS WHERE IT WOULD BE UNLAWFUL TO DO SO UNDER APPLICABLE LAW. GURUSHOTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GURUSHOTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL GURUSHOTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, DISTRIBUTORS, SUB-LICENSEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES AND/OR CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES AND/OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT GURUSHOTS ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, DISTRIBUTORS, SUB-LICENSEES OR AGENTS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GURUSHOTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, DISTRIBUTORS, SUB-LICENSEES OR AGENTS SHALL NOT BE LIABLE FOR USER SUBMISSIONS, GENERATED CONTENT, USERS’ USE OF THE CONTENT GENERATION TOOLS, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. OUR SERVICES ARE HOSTED BY GURUSHOTS IN THE UNITED STATES OF AMERICA. GURUSHOTS MAKES NO REPRESENTATIONS THAT OUR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE OUR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.Ability to
Accept Terms & Conditions
Our Services are intended for use by individuals 17 years of age and older, or such higher age required in your country to use the Services. You affirm that you are 17 years of age or older, or such higher age required in your country to use the Services. If you are under 17 years of age or such higher age required in your country to use the Services, please do not use our Services.
These Terms & Conditions, including any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GuruShots without restriction.
Our Services permit the purchase of virtual items or services (“Virtual Goods”), that we expressly make available for use in the Services for a fee. Virtual Goods may also be rewarded for participating in Battles in our discretion. The ratio of how often Virtual Goods are given is based on general participation in Battles and may change over time. We may also reward you Virtual Goods for free or as part of a promotion. Some Virtual Goods will expire after a set time period. Upon the expiration of the time period, any unused Virtual Goods expire.
Virtual Goods are a category of Content. The purchase of Virtual Goods grants you only a non-exclusive, non-transferable, non-sublicensable, and revocable license to use such Virtual Goods in conjunction with your personal, noncommercial use of the Services.
You understand and agree that while Virtual Goods may be described as being “purchased”, “bought”, “redeemed” or “spent”, the Virtual Goods themselves are not real world or virtual currency and do not refer to any credit balance of real currency or its equivalent or property of any type.
You acknowledge that you do not acquire any ownership rights in or to the Virtual Goods, or other Content; any balance of Virtual Goods does not reflect any stored value, but instead only constitutes a measurement of the extent of your license. Virtual Goods may only be used in the Services and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else.
You also agree that you will only obtain Virtual Goods from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. Once you acquire a license to Virtual Goods, you may not trade or transfer the Virtual Goods to another individual or account, unless such functionality is provided to you by us by way of a feature or service, whether inside the Services or through some other method. We may cancel any Virtual Goods sold, transferred, or exchanged in violation of these Terms & Conditions. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your account or access to the Services.
Pricing and availability of Virtual Goods are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Virtual Goods. As set forth above, all Virtual Goods and other Content is provided “as is,” without any warranty. We have the right to offer, modify, eliminate, and/or terminate Virtual Goods, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you.
The purchase and sale of Virtual Goods is a completed transaction upon receipt of your payment and we will not permit exchanges or refunds regardless of the extent to which you use the Virtual Goods. Your ability to use any Virtual Goods is effective immediately once they are placed in your account.
The terms of any purchase will be explained on the purchase page within our Services, where you will provide your billing information and confirm the particulars of your purchase. If you purchase Virtual Goods, your order will represent an offer to us to purchase a license for the relevant Virtual Goods which will be accepted by us when we make the Virtual Goods available in your account or debit your credit card, whichever comes first, and you can then use the Virtual Goods immediately.
Some purchases will automatically renew. If a purchase that automatically renews involves Virtual Goods, we will charge your payment method upon the expiration of the license you purchased and the number of Virtual Goods you originally purchased will be added to your account to allow you to continue to use the Virtual Goods. Any additional terms of any purchase including an automatic renewal will be explained on the purchase page, which are incorporated herein.
Certain jurisdictions (for example, Israel, the United Kingdom and a member state of the European Union) may provide statutory rights, including a cooling-off period which allows you to withdraw from a purchase. Nothing herein is meant to limit your return or cancellation statutory rights.
17. Refund policy
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. GuruShots may revise the pricing for the goods and services offered through the Service at any time. You acknowledge GuruShots is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary. Nothing herein is meant to limit your statutory rights of return or cancellation.
You agree to defend, indemnify and hold harmless GuruShots, its affiliates, officers, directors, employees, licensors, distributors, sub-licensees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to our Services; (b) your violation of any term of these Terms & Conditions; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (e) any claim that one of your Submissions or Generated Content caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of our Services. You agree to defend, indemnify and hold harmless GuruShots, its parent corporation, affiliates, officers, directors, employees, licensors, distributors, sub-licensees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: our Services or GuruShots’ third party server failure, deficiency, collapse or any other circumstance resulting in a complete loss of digital property and/or documents and any and all Submissions and/or Generated Content. Users are responsible to always maintain an original copy of any Submissions in case of a complete loss.
19. Rewards and Payments
Winners Verification and Delivery of Awards
Users can participate in Battles within the Services by submitting Submissions or entering Generated Content which are voted on by other Users subject to these Terms & Conditions. Battles conducted on our Services may have additional terms of participation. Virtual Goods may be rewarded to Users for participating in Battles in our discretion. GuruShots may also award Virtual Goods or other awards to winners of Battles. In such cases, after the process of voting and judging to select award winners has finished, the potential award winners will be notified in accordance with the contact information provided with their respective entries via notification within the Services, mail, courier, email or other method chosen by GuruShots, partners and the sponsors in their discretion. GuruShots reserves the right to verify winners collectively or one or more at a time, as it deems appropriate in its discretion and in whatever order it chooses. For Battles involving Submissions, to be confirmed as a winner, Users will be required to confirm full legal rights and ownership of their Submission.
Should an award notification or award addressed to a particular User be returned as undeliverable, GuruShots will not resend the notice (whether by the same or another method), research the User’s address nor make any further attempts at delivery. In the case that a winner’s shipping address is located in a country or area designated by our Services as undeliverable, we reserve the right to provide a cash payment sent via PayPal, an Amazon gift card or other reward, in each case of equal value of the announced award. Winners will be announced after the required confirmation is received and the respective winners are confirmed. Winners will receive their awards within sixty (60) days of GuruShots’ announcement of the winners. The awards are subject to change at any time without notice and at the sole discretion of GuruShots.
By entering a Battle, each User releases and holds harmless GuruShots, its partners and sponsors, and any participating award providers, as well as any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies, against any and all claims, demands and liabilities arising out of or relating to Battles, User’s participation in a Battle and/or any Battle-related activity, including, without limitation, from winner’s use or misuse of an award or any portion thereof. Users assume all liability for any injury or damage caused, or claimed to be caused, by participation in Battles and/or use/redemption of any award.
GuruShots reserves the right to disqualify any User or person who tampers with or is suspected of tampering with an entry or the judging and voting process, including any person attempting to solicit, encourage or obtain automated votes. In addition to the rights retained by GuruShots, its partners and sponsors set forth above, sponsors further reserve the right to disqualify all votes from voters that are deemed to be fraudulent.
Any attempt by a User to deliberately damage our Services, including but not limited to, the entry site, or undermine the legitimate operation of the Battle is a violation of criminal and civil law. Should such an attempt be made, GuruShots, its partners and sponsors reserve the right to prosecute and/or seek damages and/or other relief from any such entrant to the fullest extent of the law.
If you purchase Virtual Goods through the Services, you will be asked to provide information about your preferred payment method (e.g., credit card, online payment service such as PayPal, a third party such as Google Play or App Store (Apple), or other payment method. If you provide your payment information (e.g., name, billing address, credit card information) you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. If you pay through PayPal, the Google Play or App Store (Apple), you may change your payment method through the corresponding store account. GuruShots may change the payment methods offered within the Services from time to time. You warrant that all such billing information is complete and accurate, and that you are authorized to use such account information for such payments. The use of a third party payment service (“Payment Processor”) is subject to any terms and conditions made available by the Payment Processor, and you must comply with all such terms and conditions. You acknowledge that you may be separately required to accept the Payment Processor’s own terms governing use of its services in the manner it specifies.
* Prizes granted on GuruShots are in no way sponsored by or affiliated with Apple, Google or any other app store provider.
You agree that our Websites, Mobile Apps and other Services shall be deemed passive websites, mobile applications or online services that do not give rise to personal jurisdiction over GuruShots, either specific or general, in jurisdictions other than Israel. These Terms & Conditions shall be governed by the internal substantive laws of the State of Israel, without respect to its conflict of laws principles. Any claim or dispute between you and GuruShots that arises in whole or in part from our Services shall be decided exclusively by a court of competent jurisdiction located in Israel. These Terms & Conditions, and other legal notices published by GuruShots on our Services, shall constitute the entire agreement between you and GuruShots concerning our Services. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and GuruShots’ failure or delay in asserting any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. GuruShots reserves the right to amend these Terms & Conditions at any time and without prior notice, and it is your responsibility to review these Terms & Conditions for any changes. If make any changes, we will notify you by posting the revised Terms & Conditions Service on this page and by revising the “Effective Date” at the top of the Terms & Conditions. Your use of our Services following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND GURUSHOTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.