The following consists of our Terms of Service that you agree to upon creating an account with HumGuide. Please review carefully.
HumGuide does not claim ownership of Content you submit or make available for inclusion on the website. Legally, ownership of the submitted files is maintained by User at all times. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the website, you grant HumGuide the following world-wide, royalty-free and non-exclusive license(s), as applicable:
The HumGuide Website may now or in the future permit the submission of photos and image files or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, HumGuide does not guarantee any confidentiality with respect to any submissions. You retain all rights to your work. By submitting your work here, you grant HumGuide, the right to provide exposure to your content (text, links, images), when approved, by: posting content on the internet, and use it in the promotion of HumGuide. All used images are credited to photographer and will not be used in a commercial manner or licensed/sold to a third-party. Any other use of content will be solely within the context of promoting the HumGuide service, and Users at the website's discretion with no additional compensation owed to User. The foregoing not withstanding, User shall at all times retain all copyright interest in any and all images submitted.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize HumGuide to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to HumGuide, you hereby grant HumGuide a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to display content to other users and visitors. With respect to Content you submit or make available for inclusion on publicly accessible areas of HumGuide, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific HumGuide file to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or HumGuide removes such Content from the Service. "Publicly accessible" areas of the Service are those areas of the HumGuide are intended by HumGuide to be available to the general public.
By way of example, publicly accessible areas of the Service would include HumGuide Message Boards and portions of HumGuide Groups, Photos and sharing that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of HumGuide that are limited to members, or areas off of HumGuide of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by HumGuide.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant HumGuide all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage HumGuide or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. HumGuide does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and HumGuide expressly disclaims any and all liability in connection with User Submissions. HumGuide does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and HumGuide will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. HumGuide reserves the right to remove Content, Close accounts and User Submissions without prior notice. HumGuide will also terminate a User's access to its Website, if they are determined to be an infringer. HumGuide also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service 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. HumGuide may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification 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) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have 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 (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You understand that when using the HumGuide Website, you will be exposed to User Submissions from a variety of sources, and that HumGuide is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HumGuide with respect thereto, and agree to indemnify and hold HumGuide, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Current as of July 1, 2013.