Terms and Conditions
This is a legal agreement (“Agreement”) between you and Caldera, LLC. (“Company,” “Service,” “we,” “us,” or “our”). By using our website, located at https://www.guesstherose.com (“Website”), our mobile app, and/or other services we provide (collectively, Guess the Rose), or otherwise accessing the pages of Guess the Rose, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
The Guess the Rose services consist of a service for people to create moments together, including interactive content and community services. Guess the Rose may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Guess the Rose also reserves the right to cease offering any of the Services.
This Agreement is subject to change by Guess the Rose in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
Minimum Age. If you are under 18 years of age, you may only play Guess the Rose with permission of a parent or guardian. We do not knowing collection information from persons under 16 years of age.
Use of Site and Service
As a user of the Site (“User”) or a user registered to use any of the Services (a “Registered User”), you agree to the following:
- Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Guess the Rose is not responsible for third party access to your account that results from theft or misappropriation of your login credentials you use to sign up for Guess the Rose. You agree to immediately notify Guess the Rose of any disclosure or unauthorized use of your login credentials at firstname.lastname@example.org
- Geographic Limitations. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Website or Service. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
- Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services, including text messages, chat, videos, photographs or profile text (hereinafter, “content” or “User Submission”; and (iii) your interactions with other Registered Users through the Services. As more fully described below, you may not post or transmit to the Company or other users (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, any rights or privacy and publicity).
- Without limiting the generality of the foregoing, by posting information or otherwise communicating by means of Guess the Rose, you agree that you will not upload, post, share, or otherwise distribute any User Submission that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language or confidential, non- public information about any third party;
- Is hate speech, threatening, or pornographic; promotes or incites violence; or contains nudity or graphic or gratuitous violence.
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising or commercial communications (such as spam);
- Impersonates any person or entity, including any Guess the Rose employees or representatives.
- We do our best to keep Guess the Rose safe, but we cannot guarantee it. We need your help to keep Guess the Rose safe, which includes the following commitments by you:
- You will not collect Users’ User Submissions or information, or otherwise access Guess the Rose, using automated means (such as harvesting bots, robots, spiders, or scrapers, or automated pro-active following or un-following) without our prior permission.
- You will not engage in multi-level marketing, such as a pyramid scheme, on Guess the Rose.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any User.
- You will not use Guess the Rose to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Guess the Rose, such as a denial of service attack or interference with page rendering or other Guess the Rose functionality.
- You will not facilitate or encourage any violations of this Agreement or our policies.
- Protecting Other People’s Rights. We respect other people’s rights, and expect you to do the same. You therefore agree that:
- You will not post User Submission or take any action on Guess the Rose that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any User Submission or information you post if we believe that it violates this Statement or our policies.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks or any confusingly similar marks, except as expressly permitted or with our prior written permission.
- You will not post anyone’s identification documents or sensitive financial information on Guess the Rose.
- You will not tag Users or send email invitations to non-Users without their consent.
- Sharing Your User Submissions and Information.
- We have the right at our sole discretion to remove any User Submission that, we feel in our judgment does not comply with this Agreement, along with any User Submission that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such User Submission. If you post User Submission that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- When you delete an IP User Submission, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed User Submission may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you post or publish any User Submission or information, it means that you are allowing everyone, including people off of Guess the Rose, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Guess the Rose, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
- You represent and warrant:
- You are the owner of (or have all the rights and permission required to use) all the intellectual property rights in the User Submissions you post and have the written consent of each and every identifiable natural person in the User Submissions to use such person’s name or likeness in the manner contemplated by the Service and this Agreement. Each person has released you from any liability that may arise in relation to such use.
- The User Submissions, use of the User Submissions with the Services and Guess the Rose’s use of such User Submissions will not infringe any intellectual property rights, proprietary rights, privacy rights, confidentiality and rights of publicity or otherwise violate this Agreement or the rights of any third party.
- Risk Assumption and Precautions. You assume all risk when using the Services. The company makes no representations or warranties as to the conduct of users of their compatibility with any current or future users. The company is not responsible for the conduct of any user. At no event, shall the company be liable, directly or indirectly, for any losses or damages whatsoever, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, death, bodily injury, emotional distress, and/or any other damages resulting in from communications or meetings with other users through the service. You should not provide your financial information or wire or otherwise send money, to other users.
- No Guarantees. You understand that Guess the Rose makes no guarantees, either explicit or implied, regarding the availability, accuracy, timeliness, or reliability of the services.
- Reporting of Violations. You will promptly report to Guess the Rose any violation of the Agreement by others, including but not limited to, Registered Users.
- Content Removal. Guess the Rose reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Guess the Rose will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
- No False Information. You will not provide inaccurate, misleading or false information to Guess the Rose or to any other user. If information provided to Guess the Rose or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Guess the Rose of such change.
- No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Guess the Rose, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Guess the Rose $50 for each such unsolicited communication you send through the Services.
- No Harassment of Guess the Rose Employees or Agents. You will not harass, annoy, intimidate or threaten any Guess the Rose employees or agents engaged in providing any portion of the Services to you.
- Ownership of Proprietary Information. You hereby acknowledge and agree that Guess the Rose is the owner of highly valuable proprietary information, including without limitation, the scoring algorithm, profiles, and profile questions. Guess the Rose owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
- No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
- Other Users’ Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Guess the Rose or third party proprietary information available via the Services or the Site.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Privacy Statement. For information about the collection and possible use of information and material provided by you, please read our Privacy Statement above. By using the Site or the Services, you are consenting to the terms of Guess the Rose’s Privacy Statement.
No Contact Information. You agree that you will not post any e-mail addresses, personal website address or profile page you may have on a third party website, or other contact information in areas other than those specifically designated for this information, or in any other communications you may have with other users.
Disclosure By Law. You acknowledge and agree that Guess the Rose may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Guess the Rose, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
Use of Anonymous Information for Research. By using the Services, you agree to allow Guess the Rose to anonymously use the information from you and your experiences through the Services to continue Guess the Rose’s research into developing fun games and to improve the Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors. The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of Guess the Rose, and Guess the Rose is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. Guess the Rose provides these links to you only as a convenience, and the inclusion of any link does not imply that Guess the Rose endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that Guess the Rose will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Guess the Rose with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services. Please visit our Privacy Statement to learn more about how we use your information.
Disclaimer of Warranty
- No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Guess the Rose PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Guess the Rose DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. Guess the Rose DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
- Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Guess the Rose, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Guess the Rose DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Guess the Rose. UNDER NO CIRCUMSTANCES WILL GUESS THE ROSE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
- Beta Features. From time to time, Guess the Rose may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Guess the Rose’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
Limitation of Liability
- Incidental Damages and Aggregate Liability. IN NO EVENT WILL GUESS THE ROSE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Guess the Rose KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- No Liability for non-Guess the Rose Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GUESS THE ROSE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- Information Verification. Guess the Rose and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Guess the Rose and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless Guess the Rose, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Guess the Rose reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Guess the Rose in asserting any available defenses.
Complaints / Law Enforcement Contact
To resolve a complaint regarding the Service, you e-mail us at email@example.com
Notice For California Users : Under California Civil Code Section 1789.3, California website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs , in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at firstname.lastname@example.org.
Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the Services or special offers.
Guess the Rose reserves the right, in its sole discretion, to change the Terms under which https://guesstherose.com/ is offered. The most current version of the Terms will supersede all previous versions. Guess the Rose encourages you to periodically review the Terms to stay informed of our updates.
Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Guess the Rose may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Guess the Rose reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Guess the Rose by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by visiting Settings page within the app.
Cancellation At Any Time. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription by emailing email@example.com.
- Controlling Law and Jurisdiction. You agree that Delaware law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in Delaware. You acknowledge and agree that any violation of this Agreement may cause Guess the Rose irreparable harm, and therefore agree that Guess the Rose will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Guess the Rose may have for a breach of this Agreement.
- Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Statement located on the Site, and any applicable payment, renewal, Additional Services terms, comprise the entire agreement between you and Guess the Rose regarding the use of this Service, superseding any prior agreements between you and Guess the Rose related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). The FAQ’s found on the Services are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of Guess the Rose to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to Users and non-Users who interact with Guess the Rose outside the United States:
(a) You consent to having your personal data transferred to and processed in the United States.
(b) If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Guess the Rose (such as payments). You will not use Guess the Rose if you are prohibited from receiving products, services, or software originating from the United States.
Digital Millennium Copyright Act Notice
Guess the Rose respects the intellectual property rights of others and expects its users to do the same. It is Guess the Rose’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. Guess the Rose will respond expeditiously to claims of copyright infringement committed using the Guess the Rose’s Site or other online network accessible through a mobile device or other type of device that are reported to Guess the Rose’s Copyright Agent.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Guess the Rose at firstname.lastname@example.org as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- Identify the copyrighted work that you claim has been infringed, or — if multiple copyrighted works are covered by the notice — you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this notice, with all items completed, to Guess the Rose’s Copyright Agent:
This policy is effective as of 26 July 2020.