Terms of Service

In effect since: July 23rd, 2017

1. Introduction

Welcome!

We are absolutely thrilled you’ve decided to join and use our products and services, all of which are referred hereafter as the “Service”. By accessing the Service, you agree to be bound by these Terms of Service (“Terms”) that we’ve drafted so that you’ll know the rules that govern our relationship with you. This is important as it affects your legal rights and obligations so please read them carefully. These Terms form a legally binding contract between you and Guru Ltd. hereafter referred to as “Spicy”. By using the Service, you agree to the Terms. If you don’t agree with them, do not access or use the Service.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, IF YOU RESIDE IN THE UNITED STATES, YOU AGREE THAT DISPUTES BETWEEN YOU AND SPICY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. Using the Service

In order to use the Service, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Terms, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, (3) comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you are using the Service on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity. In addition, you also promise that any registration information that you submit to Spicy is true, accurate, and complete, and you agree to keep it that way at all times.

3. Your Content

As part of the Spicy community, you can create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant Spicy and its business partners a worldwide, perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, create derivative works from, publicly perform, broadcast, distribute, syndicate, promote, exhibit, and publicly display that content in any form and in any and all media or distribution methods now known or developed in the future. You always retain control over who can view your content and activities under this license, as described in the Privacy Policy available here http://spicy.guide/privacy/. We may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone remain responsible for the content your create, post, store, or send through the Service. if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.

4. Submitted Content

Much of the content on our Service is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that created it. Although Spicy reserves the right to review all content and to remove any that violates these Terms, we do not necessarily review all of it. Hence, we cannot, and do not, take responsibility for any content that others provide through the Service. Through these Terms, we make clear that we do not want the Service put to bad use. However, since we do not review all content, we cannot guarantee that content on the Service will always conform to our Terms.

5. Privacy

Your privacy matters. We strongly encourage you to read our privacy policy so you’ll know how we handle your information when you use the Service.

6. Provision of Service

You are solely responsible for any data, SMS and mobile carrier charges that may occur when using our Service.

7. Third-Party Services

If you use a service, feature, or functionality that is operated by a third party and made available through our Service, each party’s terms will govern the respective party’s relationship with you. Spicy is not responsible or liable for those third party’s terms or actions taken under the third party’s terms.

8. Modification and Termination

Spicy is an ever-evolving product by nature. That means we may add or remove features or functionalities, and we may also suspend or stop the Service altogether at any time, without notifying you in advance. You acknowledge and agree that we may stop or restrict your access to the Service, or impose new or additional limits on your ability to use the Service. For example, we may deactivate your account due to prolonged inactivity or we may reclaim your username at any time for any reason.

9. Safety

By using the Services, you agree that:

  • You will not use the Service for any purpose that is illegal or prohibited in these Terms;
  • You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information;
  • You will not use or develop any third-party applications that interact with other users’ content or the Service without our written consent;
  • You will not use the Service in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service;
  • You will not use or attempt to use another user’s account, username, or password without their permission;
  • You will not solicit login credentials from another user;
  • You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence;
  • You will not upload viruses or other malicious code or otherwise compromise the security of the Service;
  • You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Service that you are not authorized to access;
  • You will not probe, scan, or test the vulnerability of our Service or any system or network; and
  • You will not encourage or promote any activity that violates these Terms.

10. Your Account

You are responsible for any activity that occurs in your account. Maintaining your account security is very important. To that effect, please select a strong password that you don’t use for any other account and don’t share it with anyone. You agree to notify Spicy immediately if you become aware of any unauthorized use of your password or of your account. You will not create more than one account for yourself. You will not create another account if we disabled your account, unless you have our written permission to do so. You will not buy, sell, rent, or lease access to your Spicy account or username without our written permission.

11. Your License

Spicy grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service in accordance with these Terms. You may not copy, modify, distribute, sell, or lease any part of our Service, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so. You agree not to access, or attempt to access the Service through unauthorized third-party applications or clients. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, unauthorized third party apps, spiders or web crawlers).

Spicy is committed to helping people and organizations protect their intellectual property rights. We do not allow the posting of content that violates someone else’s intellectual property rights, including copyright and trademark. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If you repeatedly infringe other people’s intellectual property rights, we will disable or terminate your account when appropriate. We make it easy for you to report suspected copyright infringement. Just email us at ip@spicy.cool

13. Disclaimer of Warranties

The Service is provided on a “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Spicy does not represent or warrant that: (a) the service will always be secure, error-free, or timely; (b) the service will always function without delays, disruptions, or imperfections; or (c) that any Spicy content, user content or information you obtain on or through the Service will be timely or accurate. Spicy takes no responsibility and assumes no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our service. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Spicy will be responsible for. You acknowledge that your use of the Service is at your sole risk.

14. Limitation of Liability

To the maximum extent permitted by law, the company, its affiliates, licensors, and business partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the service; (b) the conduct or content of other users or third parties on the service; or (c) unauthorized access, use, or alteration of your content or posts, even if Spicy has been advised of the possibility of such damages. In no event will Spicy’ aggregate liability for all claims relating to the Service exceed the greater of $100 USD. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

15. Indemnification

You agree to indemnify, defend and hold the Company and related parties harmless from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Service; (b) your content; and (c) your breach of these Terms. If you are agreeing to these Terms on behalf of a business or other entity, this indemnity obligation applies to that business or other entity.

16. Arbitration

If you are using the Service outside the United States:

You agree that, in the event any dispute or claim arises out of or related to your use of the Service, such dispute or claim shall be resolved as follows: You and Spicy will attempt in good faith to negotiate a written resolution of the matter directly between the parties; if the parties are unable to resolve the dispute, then they shall be free to pursue their respective remedies in accordance with applicable law or these Terms of Service.

If you are using the Service in the United States:

All claims and disputes arising out of, relating to, or in connection with the Terms or the use of the Service that cannot be resolved informally will be resolved by binding arbitration on an individual basis, except that you and Spicy are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. The dispute will be resolved by binding, individual arbitration and you and Spicy hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Spicy will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Spicy is a party to the proceeding. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. This arbitration agreement will survive the termination of your relationship with Spicy.

17. Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Spicy must be filed within one year after such claim arose. Otherwise, your claim is permanently barred.

18. Law

Form, venue and choice of law. To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Spicy agree that any dispute in connection with these Terms of Service will be litigated exclusively as follows: you irrevocably submit to the personal jurisdiction of the courts located within the Canton of Zug, Switzerland for all disputes arising out of or related to your use of any of the Service. Choice of Law. The laws applicable shall be the laws of Switzerland.

Severability. If any provision of these Terms is found unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

No Waiver. Our failure to enforce any provision of these Terms of Service shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time.

Notices. All notices given by you or required under these Terms shall be made in writing and addressed to: Guru Ltd., Haldenstrasse 1, 6340 Baar, Switzerland.

19. Any Questions

Spicy is always up for a chat! If you have any question about our terms, just hit us up at terms@spicy.cool