Terms of Service
The following Terms of Service (terms) are a binding agreement between you and StickyGuide that govern your use of the StickyGuide website, products and services. When you access StickyGuide you agree to the following terms.
We reserve the right to change the Terms of Service at any time. Updated Terms of Service will be available on StickyGuide and are effective immediately upon their post to the Site. If you continue to use StickyGuide after changes have been made to the Terms of Service, regardless of whether you received notification, you will be bound by the updated terms.I. Definitions
"StickyGuide" includes all StickyGuide websites, mobile applications, products, and services.
"Content" means all forms of data, including video, audio, text, and photograph.
The "Site" refers to StickyGuide.com.
"User" is any person who accesses the site or uses StickyGuide in any way.II. Access to StickyGuide
You may be removed from StickyGuide if you have more than one StickyGuide account at any given time or fail to comply with any of the rules contained within the Terms of Service.
You are prohibited from using the Site if:
- you currently work for, or are a competitor with, StickyGuide
- you are under the age of 18
- you have previously been suspended by StickyGuide
- you are unwilling or unable to comply with the current Terms of Service agreement posted on the Site
You agree that you are responsible for keeping your user password private. If any unauthorized use of your account should occur, you agree to notify StickyGuide immediately. We reserve the right to close your account at any time for any or no reason.
The following uses of the site are prohibited and may result in the closure of your user account. By accessing the site and agreeing to the Terms of Service, you agree that you will not engage in these prohibited activities.
You may not:
- use StickyGuide in violation of the Terms of Service or any applicable law;
- use StickyGuide to interfere with any other user’s use of the site or endanger another user's personal safety including by not limited to harassing, threatening or stalking other users;
- use StickyGuide to accuse others of illegal activity, physical confrontations and/or sexual harassment.
- contribute reviews that do not address the goods and services, atmosphere, or other attributes of the business, have no qualitative value, references a competing business, are defamatory, and/or are inappropriate based on the applicable subject matter.
- contribute content that violates the standards of good taste or the standards of StickyGuide, as determined by StickyGuide in its sole discretion.
- attempt to impersonate other users (including names of other individuals) or use offensive or inappropriate user names or signatures.
- use StickyGuide to be offensive, harmful and/or abusive, including but not limited to, posting images depicting or language containing expletives or profanities, obscenities, harassment, vulgarities, sexually explicit material or that promotes bigotry or discrimination against protected classes.
- use StickyGuide to submit or transmit pornography or illegal content;
- use StickyGuide to solicit personal information from minors or to harm or threaten to cause harm to minors;
- record, process, or mine information about other StickyGuide users;
- use StickyGuide to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- use StickyGuide in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
- use StickyGuide for promotional or commercial purposes, except as expressly allowed in writing by StickyGuide;
- use StickyGuide for keyword spamming or to otherwise attempt to manipulate natural search results;
- use StickyGuide to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit StickyGuide or its Content (other than Your Content), except as expressly authorized by StickyGuide;
- reverse engineer any portion of StickyGuide;
- remove or modify any copyright, trademark or other proprietary rights notice on StickyGuide or on any materials printed or copied off of StickyGuide
- use any robot, spider, site search/retrieval application, or other automated device, process or means
- access, retrieve or index StickyGuide for purposes of constructing or populating a searchable database of business reviews;
- reformat or frame any portion of StickyGuide;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on StickyGuide's technology infrastructure;
- attempt to gain unauthorized access to StickyGuide, user accounts, computer systems or networks connected to StickyGuide through hacking, password mining or any other means; use StickyGuide to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature; use any device, software or routine that interferes with the proper working of StickyGuide, or otherwise attempt to interfere with the proper working of StickyGuide; make excessive traffic demands; use StickyGuide to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, StickyGuide; remove, circumvent, disable, damage or otherwise interfere with any security-related features of StickyGuide, features that prevent or restrict the use or copying of StickyGuide content, or features that enforce limitations on the use of StickyGuide.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.IV. User Responsibility
You alone are responsible for your content. You assume all risks associated with your content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your content as described herein. You may not imply that your content is in any way sponsored or endorsed by StickyGuide. You may expose yourself to liability if your content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.V. How user content may be used by StickyGuide
We may use your content in a number of different ways, including displaying it on the StickyGuide, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant us permission to use your content for any purpose. You also irrevocably grant StickyGuide’s users the right to access your content in connection with their use of StickyGuide. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to your content.
We may remove or reinstate user content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our guidelines. We have no obligation to retain or provide you with copies of your content.
StickyGuide and its licensees may display advertisements and other information adjacent to or included with your content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to youVI. User Content is not endorsed by StickyGuide
In accessing or using the Site, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. StickyGuide does not endorse this content and does not vouch for its accuracy.VII. Privacy
We reserve the right to modify, update, or discontinue StickyGuide at our sole discretion, at any time, for any or no reason, and without notice or liability.IX. Unauthorized Access
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.X. Feedback
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non- exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.XI. Termination
We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of StickyGuide, and providing StickyGuide with a notice of termination by clicking here and writing "Close My Account" in the subject line under the topic "I need help using the site". If you close your account, we may continue to display your content where it implicates other users.XII. Ownership
We own the StickyGuide visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the StickyGuide excluding user content and third party content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with StickyGuide, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of this content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to StickyGuide are retained by us.XIII. StickyGuide does not provide medical advice
The contents of the StickyGuide Site, such as text, graphics or images and other material contained on the StickyGuide Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the StickyGuide Site!XIV. Warranties, Disclaimers, and Limitations of Liability
THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. STICKYGUIDE MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. STICKYGUIDE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM STICKY GUIDE OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN. STICKYGUIDE DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF STICKYGUIDE OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA. STICKYGUIDE FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE. STICKYGUIDE ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH STICKYGUIDE RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE. STICKYGUIDE'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO STICKYGUIDE IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US$100.00.XV. Indemnity
You agree to indemnify and hold StickyGuide, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. StickyGuide reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of StickyGuide. StickyGuide will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.XVI. Third Parties
StickyGuide may include links to other websites. We do not control or endorse any of these third party sites, and you agree that we are not responsible for the availability or contents of such third party sites. Some of the services made available through the Site are provided in connection with third parties and subject to additional terms.XVII. Miscellaneous.
If there is any dispute about or involving StickyGuide, you agree that any such dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on StickyGuide. Except as otherwise stated in this agreement, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. The Terms of Service contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service. Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service are not assignable, transferable or sublicensable by you except with StickyGuide's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void. The section titles in the Terms of Service are forXVIII. Contact and Violations
Please contact us with any questions regarding the Terms of Service. Please report any violations of the Terms of Service to our legal department through the Contact page.XIX. Marks
StickyGuide and the StickyGuide logo are proprietary service marks of StickyGuide.