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Terms and Conditions
This statement covers all of the Guanabee Media sites ("GM Sites") and any associated content including email and RSS feeds. Please read this statement carefully before proceeding to access any of the GM Sites. Your use of the EM Sites indicates your agreement to abide by the Terms in effect.
Use of Content
Guanabee Media provides one feed for each of its Sites or subdomains:
Creative Commons License
Full content RSS feeds at
Guanabee Media provides a general license to use these feeds, provided that they are not modified in anyway (including the stripping of ads) with the exception of image stripping as detailed below:
All commercial uses of feeds (e.g. websites generating revenue through advertisements including AdSense) must strip all images from the feed to ensure copyright compliance with our third party photographic agency licenses.
1. The Site logo and URL must appear prominently at the top of each page displaying site content.
2. Internal links in the Site content must not be removed.
3. The format or branding of the headlines, text and other information provided in the RSS feeds must not be modified.
4. "Related" links back to original Site at the end of each post must be included on content pages and may not be removed.
1. The Site logo and URL must appear prominently at the top of each section displaying site content.
2. Content will appear unedited, except for replacement of hyperlinks with full URLs and use of product manufacturer’s site links where appropriate.
3. Images from a Site must not be used in print without you obtaining the appropriate copyright clearances yourself.
1. The RSS feeds may not be spliced into or otherwise redistributed by third-party RSS providers.
2. No content, including any advertisements or other promotional content, shall be added to the RSS feeds.
3. Images must be removed from open syndication feeds and commercial feeds (please contact Guanabee Media for more details)
4. Guanabee Media reserves the right to object to your presentation of the RSS feeds and the right to require you to cease using the RSS feeds at any time.
5. Guanabee Media further reserves the right to terminate its distribution of the RSS feeds or change the content or formatting of the RSS feeds at any time without notice to you.
6. Guanabee Media provides this content "as is" and Guanabee Media shall not be held liable for your use of the information or the feeds.
7. Use of a Site’s content, including text and images, on your site, or in print, is entirely at your discretion. Guanabee Media is not responsible for any complaints regarding content or images that you choose to display on your site or in print.
TO THE FULLEST EXTENT ALLOWED GUANABEE MEDIA DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. By accessing the RSS feeds or the XML instructions provided above, you indicate that you understand and agree to these terms and conditions.
Corresponding with Guanabee Media
Any correspondence with the GM Sites or with Guanabee Media, including any documentation or images, are considered property of Guanabee Media. Guanabee Media reserves the right to reproduce such correspondence, in whole or in part, on any of the GM Sites or its affiliates.
The comments sections on GM Sites are accessible to all users.
In order to make our comments useful and interesting, the following guidelines have been established for comment users:
* Do not post threatening, harassing, defamatory, or libelous material.
* Do not intentionally make false or misleading statements.
* Do not offer to sell or buy any product or service.
* Do not post material that infringes copyright.
* Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
* Keep all comments relevant to the particular GM Site where the comment is being posted.
* Guanabee Media will not accept responsibility for information posted in the Comments.
If Guanabee Media receives notice that a comment post is not in keeping with these terms and conditions or the intended use of the comments, we reserve the right to remove that comment posting. The removal of any comment shall be solely at the discretion of Guanabee Media.
Please note that once you post a comment to one of our sites, it becomes part of the public conversation. Our policy is that we will not remove a user's comments unless they are in violation of our Terms of Service, and we won't remove them otherwise except in very extreme circumstances. So if you want to say something that you will later regret personally, it is advisable that you use a username that does not identify you. We cannot simply remove your comments because you have a change of heart about making them.
Guanabee Media sites typically display images as part of blog posts written by our editors. The types of images editors are authorized to use on Guanabee Media sites include:
* Images licensed from photographic archive vendors
* Images supplied to our editors or released into the public domain by public relations and marketing companies for press purposes
* Reader-submitted images, with the implied representation that the person submitting the image owns the copyright in the image and the right to give it to us for use on our site(s)
* Images published on public photo sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
* Images commissioned by Guanabee Media
* Images that we believe to be covered by the Fair Use Doctrine, such as:
* Thumbnail images of 150x150 pixels or less, cropped or reduced in size from the original source
* Images used to illustrate a newsworthy story, where the image itself is the story
* Images used in a transformative manner, such as for parody
* Images so widely distributed that they are deemed to have become part of the news
If Guanabee Media receives notice that an image posted is not in keeping with these terms and conditions or the intended use of the Comments section where it is posted, we reserve to right to remove that image.
If you think we have published an image or text that infringes your copyright, we will address your concerns; however, if the image falls into one of the categories listed above, we believe that our use of the image is legitimate and we will not remove it from the site.
Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/
To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us at (646) 344-0021 to confirm that we received your original complaint. Spam blockers sometimes devour important emails from strangers!
To enable us to address your concerns, please provide the following information:
1. For each allegedly infringing image or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.
2. Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
3. Provide the following information detailing your claim to ownership of the copyright in the allegedly infringing material:
* Proof of copyright in the image or text concerned, namely proof of registration of the Image under the DMCA,
OR, absent such registration,
* a detailed description of where the photograph was taken, by whom, who or what the subject of the image is, AND
* Evidence to support your claim that you own the copyright in the image.
We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.
4. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
5. Sign the document and e-mail it to: info AT guanabee DOT com / DMCA Complaints
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our sites is infringing your copyrights.
Indeed, in a recent case (http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/) a company that sent an infringement notification seeking removal of online materials that were protected by the Fair Use doctrine was ordered to pay such costs and attorneys’ fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Please note that a copy of each legal notice we receive will be sent (with your personal information removed) to Chilling Effects (http://www.chillingeffects.org/) for publication.
We also reserve the right to publish your letter on the site(s).
External Links Disclaimer
GM Sites routinely contain links to external, third party websites. By providing links to other sites, Guanabee Media does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the GM Site in question.
Guanabee Media does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to GM Sites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
Notification of Changes
If you have any questions or notices of violations to these terms and conditions, please contact the editor of the GM Site in question, or send an email to info AT guanabee DOT com, or by mail to Guanabee Media, 17 King Street, Apt. 2, New York, NY 10014.
All of the Guanabee Media titles are gossip sites. The sites publish both rumors and conjecture, in addition to accurately reported information. Information on the sites may contain errors or inaccuracies; the sites' proprietors do not make any warranty as to the correctness or reliability of the sites' content. Links to content on and quotation of material from other sites are not the responsibility of Guanabee Media.
Email sent to any of the Guanabee Media sites is considered our property. We will respect and protect anonymous sources as tipsters, but all correspondence is considered available for publication.
All Guanabee Media sites are in compliance with the Digital Millennium Copyright Act. For more information on the legality of thumbnail usage of photographs, please download the 9th Circuit Court's ruling (Kelly vs Arriba Soft Corp, July 7th 2003) by clicking here http://www.ca9.uscourts.gov/ca9/newopinions.nsf/Opinions%20by%20date?OpenView&Start=1&Count=100&Expand=3.6#3.6 (PDF file).
STANDARD CONTEST RULES
To provide fair and equal chance of winning to all Guanabee Media readers, the following are the official rules for all contests on Guanabee Media websites.
NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
All winners must be 18 years of age or older, unless otherwise stated and/or posted.
1. Entering Contests and Choosing and Contacting Winners
Winners of random email contests will be chosen at random from emails received.
Entrants must send entries using the correct contest entry email address, subject line, and any other specific entry information requested in the contest announcement. Guanabee Media is not responsible for and will not consider incomplete or incorrect entries, or emails sent but not received by Guanabee Media for any reason, as potential contest winners.
Winners of all contests will be contacted at the “sender” email address used to enter the contest, and the person receiving and replying to the winner announcement email will be considered the winner unless they specify another person within the reply email as the winner. Guanabee Media will mail the contest prize to the address supplied by the recipient of the winner announcement email.
Only one entry per email address used to send the email will be considered for contest entry, unless multiple entries are specifically allowed in the contest posting. Unless otherwise specified in an individual contest post, no person may enter any contest more than once using multiple email addresses.
Claiming of prizes requires an email response to Guanabee Media from the winning sender email address within 30 days of being notified of winning at the email address used to enter. Failure to respond shall mean that the winner forfeits the prize. Guanabee Media is not required to award elsewhere any prizes forfeited by the chosen winner(s).
2. Submission of photo, text or other content for Contests
Entries selected for display and to win “best of” contests and any other contests requiring photo, text or other content from the entrants will be judged entirely at the discretion of Guanabee Media.
By submitting any photo or information to Guanabee Media, you hereby grant to Guanabee Media and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to Guanabee Media includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo;
By submitting any photo or information to Guanabee Media, you hereby represent and warrant that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to Guanabee Media herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances;
You acknowledge and agree that Guanabee Media shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo or information that you submit to Guanabee Media;
You understand and intend that any photo or information submitted by you to Guanabee Media may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo or information you submit to Guanabee Media. By submitting any photo or information to Guanabee Media, you hereby waive any privacy expectations that you may have with respect to any such photo or information submitted by you to Guanabee Media.
You hereby agree to hold Guanabee Media and its affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any Guanabee Media site, or any other use authorized under these Terms, of any photo or information submitted to Guanabee Media by you;
Photos or information submitted by you to the Site shall be the property of Guanabee Media, and Guanabee Media shall have no obligation to preserve, return or otherwise make available to you or others any photos or information so submitted.
3. Awarding Prizes
Winners are solely responsible for all taxes and/or fees that may be incurred. All cash winners are required to verify proper and legal picture identification and Social Security number within 30 days of notification of winning the cash prize. Winner may forfeit any and all cash winnings if verification cannot or has not been made within 30 days. Upon proper verification, cash winnings will be awarded by check, and mailed to winner's mailing address within seven (7) business days.
Each prizewinner must supply Guanabee Media with his/her legal name, mailing address, birth date, daytime and nighttime telephone numbers. In the case of a cash winner, winner must also supply social security number.
Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred.
Neither Guanabee Media, Guanabee Media sponsors, nor employees of Guanabee Media or sponsors may be held liable for any warranty, costs, damage, injury, or any other claims incurred as a result of usage of any winners of a prize once possession has been taken of the product by winner. Guanabee Media is not liable for any loss arising out of or in connection with or resulting from any contest promoted by Guanabee Media.
If the specified prize becomes unavailable due to unforeseen circumstances, Guanabee Media may substitute a prize of like or equal value.
Management, employees and families of Guanabee Media are prohibited from winning any prizes awarded by Guanabee Media
Guanabee Media reserves the right to alter any rules of any contest at anytime. If you have any questions or complaints about a Guanabee Media contest, please contact info AT guanabee DOT com.