Terms of Use
Acceptance of Terms
By visiting or using the Website you agree to be bound by these Terms. If you do not agree to any of these terms, please do not use the Website.
Entire Agreement
The Terms, Copyright Policy, and Privacy Policy are hereby included by reference. They comprise the entire agreement between you and the Website and govern your use of the Website, superseding any prior agreements between you and the Website.
Modifications to Terms
Guppy Designer reserves the right to change or modify the Terms, Privacy Policy, or Copyright Policy at any time and without prior notice by posting the modified Terms, Privacy Policy, or Copyright Policy on the Website. Your continued use of the Website indicates your acceptance of any revised terms.
Notice
Guppy Designer may provide you with notifications that include, without limitation, any changes that are made to the Terms, Privacy Policy or other Website related services, by posting such announcements on the Website or via email.
Privacy
We have a firm commitment to safeguarding your privacy. Please review our Privacy Policy. The terms of our Privacy Policy are incorporated into, and considered part of, these Terms and must be accepted by you prior to your use of the Website. You may access and review the Privacy Policy by clicking on this link.
- Guppy Designer provides a guppy learning site and publishes guppy books. Our dynamic and collaborative service enables registered and unregistered users (collectively, "User(s)") to access a host of functionality, including but not limited to:
- Uploading and downloading media including video, pictures and written articles (collectively, "Content")
- Gathering Content on our website or from 3rd party websites.
- Editing Content via our website and/or client application.
- Sharing Content by, but not limited to, posting movies on our Website, emailing an invitation with a link back to our Website, or posting an embedded player or link to a 3rd party website
- Contributing to our site in words, pictures, videos, and animations through the forum or other places on the site.
Ability to change service
Guppy Designer retains the right to, at any time and without prior notice, suspend, discontinue, delete, modify, or remove any content or service offered on the Website without reason or liability. In addition, Guppy Designer may in the future charge for the services available on the Website.
Availability
We use reasonable measures to make sure that the Website is available 24 hours a day/7 days a week. However, there will be occasions when the Website will be interrupted for maintenance, upgrades and emergency repairs or due to failure of communication and computer equipment that are beyond our control. We take every reasonable precaution to minimize any such disruption where it is within our reasonable control. You agree that we shall not be held liable to you for any modification, delay or discontinuance of the Website. It is your responsibility to create backups of any Content that you upload to the Website.
Client Software
The Website may offer downloadable client software ("Client") that includes, but is not limited to, the following functionality; uploading, capturing and editing. Your use of the Client is subject to this agreement and any additional terms provided on the Website or through the download process. The Client shall be used solely to perform these functions for Content uploaded to the Website. From time to time, the Client may be updated and any updates or additional features are bound by this agreement as well. You may not use the Client for any other reason other than its specified use within the Website. You must immediately notify us of any known unauthorized use of the Client. Attempting to modify, analyze or reverse engineer any portion of the Client, exporting or re-exporting the Client, breaking or compromising any of the Client's security measures, tampering with, removing any copyright, trademark or other proprietary rights notices contained on or within the Client, or using the Client for any unauthorized, unlawful, harassing, abusive, criminal or fraudulent purpose is forbidden and will result in a loss of User privileges, in addition to any other remedies available to MiraVida and will be subject to applicable laws. Client is provided AS IS and without warranty, and all implied warranties are disclaimed. We will not warrant the software against any defects and are not responsible for any issue the software may cause on your computer.
Proprietary Rights
We own and retain all proprietary rights in the Website. The Website contains copyrighted material, including articles and blogs and tables and other materials, trademarks, and other proprietary information of the Website and its licensors. Except for that information considered public domain or for which you have written permission, you may not copy, modify, transmit, publish, distribute, display, perform, or sell any such proprietary information and you do not acquire any ownership rights in such.
User Accounts, Uses and Conduct
NO ONE UNDER 13 YEARS OF AGE ALLOWED ON THE WEBSITE
Guppy Designer follows the guidelines established by the Federal Children's Online Privacy Protection Act of 1998 (COPPA). Therefore, we will never knowingly accept or solicit personally identifiable information from a user known to be under the age of thirteen (13). If you have a concern, please refer to our Privacy Policy for information on how to notify us.
- User Information
By using the Website, you represent and warrant that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully competent to enter into these Terms. Regardless, no minor under the age of 13 may use the Website. In addition, you represent and warrant all registration information you submit is accurate and truthful and that you agree to update and maintain the accuracy of such information. You further represent and warrant that your use of the Website shall not violate any applicable law or regulation. We will delete your profile without warning if you are found to have misrepresented your age or any of the registration information submitted. We also require you, as condition of registering with the Service, to select a user name ("User ID") and password. Guppy Designer will, in accordance with its Privacy Policy, keep your UserID and password confidential, but you are responsible for maintaining the confidentiality of your UserID and password. - Limited License, Permitted Uses You are granted a non-exclusive, non-transferable, revocable license to:ccess and use the Website strictly in accordance with this Agreement
- use the Website solely for internal, personal, non-commercial purposes
giving access to any other person(s) to use the registered sections under your name
to upload, copy, modify, or distribute Content that is not original to the User or otherwise infringes the copyright, privacy or other rights of a third party the use of automated systems to assist in the registration of a user copying or distributing any part of the Website in any medium without prior written authorization from Guppy Designer. No print out or electronic version of any part of the Website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances the use of the system as a file share network or otherwise export Content from the Website that You received from another User or that is not Your own original Content introducing into or transmitting via the Website any viruses, worms, defects, Trojan horses or other malicious code or items of a destructive nature initiate or distribute unsolicited electronic mail communications or harassment of any kind towards any User or person unrelated to the Website via the Website using the Website, the Client or any Content or materials from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Guppy Designer or any third party remove, decompile, disassemble or reverse engineer any Website software, including the Client, or use any network monitoring or discovery software to determine the Website's architecture the use of any automatic or manual process to harvest information from the Website to transmit, post, email or otherwise make available on the Website, 3rd party websites via an embedded player provided by the Website, or emails sent from the website; any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, junk mail, pyramid schemes, affiliate links, or any other form of solicitation
- to create and/or publish any misrepresentations or false information that could damage the Website or any third party
- uploading or creating any content that is harmful, unlawful, libelous, harassing, pornographic, obscene, graphic, violates the rights or privacy of another, encourages conduct that could be considered a criminal act, hateful, racially or ethnically objectionable, in violation of any copyright, or is otherwise reasonably deemed inappropriate by Guppy Designer. Please refer to the copyright and Digital Millennium Copyright Notice section of the Terms for further information regarding copyright infringement any attempt to use automated systems to perform any task on the Website is prohibited and will result in loss of User privileges. You are responsible for preventing such unauthorized uses and are liable for such use when it occurs.
- giving access to any other person(s) to use the registered sections under your name
- to upload, copy, modify, or distribute Content that is not original to the User or otherwise infringes the copyright, privacy or other rights of a third party the use of automated systems to assist in the registration of a user copying or distributing any part of the Website in any medium without prior written authorization from Guppy Designer. No print out or electronic version of any part of the Website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances the use of the system as a file share network or otherwise export Content from the Website that You received from another User or that is not Your own original Content introducing into or transmitting via the Website any viruses, worms, defects, Trojan horses or other malicious code or items of a destructive nature initiate or distribute unsolicited electronic mail communications or harassment of any kind towards any User or person unrelated to the Website via the Website using the Website, the Client or any Content or materials from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Guppy Designer or any third party remove, decompile, disassemble or reverse engineer any Website software, including the Client, or use any network monitoring or discovery software to determine the Website's architecture the use of any automatic or manual process to harvest information from the Website to transmit, post, email or otherwise make available on the Website, 3rd party websites via an embedded player provided by the Website, or emails sent from the website; any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, junk mail, pyramid schemes, affiliate links, or any other form of solicitation
- to create and/or publish any misrepresentations or false information that could damage the Website or any third party
- uploading or creating any content that is harmful, unlawful, libelous, harassing, pornographic, obscene, graphic, violates the rights or privacy of another, encourages conduct that could be considered a criminal act, hateful, racially or ethnically objectionable, in violation of any copyright, or is otherwise reasonably deemed inappropriate by Guppy Designer. Please refer to the copyright and Digital Millennium Copyright Notice section of the Terms for further information regarding copyright infringement any attempt to use automated systems to perform any task on the Website is prohibited and will result in loss of Termination
- Survival
All provisions of the Terms of Service will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Guppy Designer reserves the right to, without prior notice, terminate a User account with or without the User violating these Terms. If your User account is terminated, your rights to use the Website will stop immediately. Termination is without prejudice to all other remedies available to Guppy Designer at law and under this agreement.
Website Content
Definition of Content
The Website now and in the future may continue to allow you to upload and capture videos, photos or audio (collectively, "Content"), to the Website. Guppy Designer does not endorse any opinions, recommendations, or advice expressed within User's Content and will, furthermore, not be held liable for those opinions, recommendations, or advice. Guppy Designer is a venue that permits You to upload and edit Content, and Guppy Designer does not accept responsibility to monitor and review Content.
A User may designate the visibility of Content at the time of upload or from within the Website. The types of visibility are:
- Content only visible to you ("Private")
- Content visible by any User on the Website ("Public")
- MP3's are deemed private by default and can not be made visible to the Public
Users may also send emails with a link back to the video on the Website, or use code generated by the Website to embed a player into a 3rd party website (collectively, "Shared Content"). The Shared Content will be viewable by any person receiving a link to the Content, or persons viewing the Content on a 3rd party website via embedded player provided by the Website. By designating content as Public or by having Shared Content; you agree to be bound by the content licensing terms below regarding the Website's use of the Shared Content.
User's retain ownership of the content submitted. To enable Guppy Designer to perform the services necessary for the Website, You hereby grant to Guppy Designer the non-exclusive, fully paid, worldwide license to use, publicly perform and display and sublicense such Content on the Website and other unrelated 3rd party websites that any User may post your Shared Content via an embedded player provided by the Website. In addition, Guppy Designer may use your Shared Content for advertising or promotional purposes, including without limitation the right to publicly display, perform, reproduce and distribute such excerpts on the Internet, television, or other forms of media distribution, including our books. Guppy Designer shall not be responsible for any use or distribution of Your Content by any other User or person who obtains access to such Content via the Website.
You represent and warrant that you own and/or have the necessary rights for the Content uploaded and/or collected and used within the Website or its services, or otherwise have the right to grant the license set forth in the above section "Content Licensing", and your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person or entity. You agree to pay for all royalties and fees owing any person by reason of any Content uploaded and deemed Public on the Website, Shared via email, or shown via an embedded player on a 3rd party website. We reserve the right, but do nothave an obligation, to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content, without prior notice, from the Website or any other unrelated 3rd party websites with an embedded player showing such Content and terminating the User's access to the Website. Users found to violate this provision may lose User privileges, in addition to other remedies available to Guppy Designer.
Guppy Designer may review and delete any Content that, in its sole judgment, violates this Agreement or may be offensive, illegal or violate the rights, harm, or threaten the safety of any User, or person not associated with the Website (collectively "Inappropriate Content"). You are solely responsible for the Content that you make visible on the Website or to any 3rd Party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated 3rd parties via the Website.
Guppy Designer prohibits certain Content as described above. If you find Content on the Website or in a movie on a 3rd party website via an embedded player that may violate the rules as described in "Restrictions and Prohibitions on Use" or "Inappropriate Content"; we encourage you to report such Inappropriate Content to us via our flag inappropriate Content system ("Flagging System") within the Website. Users must be registered to use the Flagging System. The owner of the flagged Content will receive notice that their Content has been flagged via email. Via the email, the User may refute the claim by submitting a valid reason why the Content should not be removed. If the complaint is justified, the Content will be removed and the User owning the Content will have the infraction noted on his or her account. If any User receives an infraction, that User may lose his or her User privileges on the Website. Likewise, Users submitting claims can also lose user privileges if it is found that they submitted false or unjustified claims. Again, any counter-claim that is unjustified will be noted on the User's account and any infractions may result in the loss of User privileges.
Reporting Copyright Infringement
Guppy Designer has developed its copyright policy in accordance to the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website, (http://lcWeb.loc.gov/copyright/) and other applicable intellectual property laws. Responses to a copyright claim may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user account(s). If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner of the affected Content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make it available to the public. Please refer to Guppy Designer.'s DMCA Notice Process below.
Contents of a notification
A notification of claimed infringement must be a written communication provided to Guppy Designer via email or certified mail that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works at that site.
- 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.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an your legal name, address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Submit the notification
If by mail to:
Guppy Designer
Attn: DMCA Notice
1008 London St.
New Westminster, B.C.
Canada V3M 3B8
or
Email us at the email address of this site.
Warranty Disclaimer and limitation of liability
THE WEBSITE, CLIENT SOFTWARE, CONTENT, Guppy Designer AND ALL RELATED PRODUCTS AND WEBSITES ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH ÒALL FAULTSÓ, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO THE WEBSITE, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE WEBSITE OR CLIENT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.
GUPPY DESIGNER IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold Guppy Designer and our owners, partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and Website providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to Your violation of this Agreement, Your Content, or use of the Website.
Advertisers
The Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, "Feedback") will forever be our property. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Website or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, Websites or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
The Website contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party websites, you do so at your own risk.
This product includes software developed by Macromedia, Inc. (http://www.macromedia.com) and Joomla (www.joomla.org).
Governing Laws
You agree that: (i) the Guppy Designer Website shall be deemed solely based in British Columbia; and (ii) the Guppy Designer Website shall be deemed a passive website that does not give rise to personal jurisdiction over Guppy Designer, either specific or general, in jurisdictions other than British Columbia. These Terms of Service shall be governed by the internal substantive laws of the province of British Columbia, without respect to its conflict of laws principles. Any claim or dispute between you and Guppy Designer that arises in whole or in part from the Guppy Designer Website shall be decided exclusively by a court of competent jurisdiction located in British Columbia. These Terms of Service, together with the Privacy Notice and any other legal notices published by Guppy Designer on the Website, shall constitute the entire agreement between you and Guppy Designer concerning the Website. If any provision of these Terms of Service 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 of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Guppy Designer's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Guppy Designer reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Guppy Designer Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND GUPPY DESIGNER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GUPPY DESIGNER WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
This Agreement and all incorporated agreements and your information may be automatically assigned by Guppy Designer in our sole discretion to a third party in the event of an acquisition, sale or merger.
Should any part of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Please report any such violations or concerns regarding the Terms to us here.