GuruShots Ltd. ("GuruShots") - Terms & Conditions

1. Acceptance

By visiting, using or submitting content to the websites (“Websites”), including GuruShots.com, and mobile applications (“Mobile Apps”), owned, operated or controlled by GuruShots Ltd. ("GuruShots", “we”, “us” or “our”) (collectively, our "Services"), you agree to the terms and conditions set forth herein (the "Terms & Conditions"), which apply to all users of our Services ("Users").

Please do not use our Services if you do not agree to these Terms & Conditions and/or GuruShots'. Please also read our Privacy Policy carefully.

These Terms & Conditions include important agreements about your rights and the rights of GuruShots, including, where permitted by applicable laws, a binding agreement about how to resolve any disputes between us connected to the Services. These Terms & Conditions also contain certain disclaimers that may be applicable to you. See the Warranty Disclaimer and Limitation of Liability sections below.

These Terms & Conditions also include important terms about how GuruShots may use and license your "Submissions" for purposes of developing, training, improving and/or enhancing artificial intelligence systems. See the Content and Submissions section for details.

2. Contact information

GuruShots is a company registered in the State of Israel and has its registered office at 65 Yigal Alon, Tel Aviv, Israel. If you have any questions, comments, or concerns about our Services or Terms & Conditions you may contact us at: contact@gurushots.com or online here.

3. Our Services

YOUR USE OF OUR SERVICES. You are hereby granted permission to use our Services, as set forth in these Terms & Conditions, provided that: (a) your use of our Services shall be solely for your personal and non-commercial use; (b) you will not copy or distribute any part of our Services in any medium without GuruShots' prior written consent; (c) you will not alter or modify any part of our Services; and (d) you will comply with these Terms & Conditions.

ACCOUNTS. To access certain features of our Services, you may have to create an account in your name. You may create an account or log-in to your account via a third-party network, such as Apple, Facebook, or Google. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

You may never use any third party's account without permission. When creating your account, you must provide complete and accurate information. You are solely responsible for all activity on your account and must keep your account username and password secure and must restrict access to your password, your computer and mobile device while logged into the Services. You must notify GuruShots immediately upon any breach of security or unauthorized use of your account. Although GuruShots will not be liable for losses caused by any unauthorized use of your account, you may be liable for losses sustained by GuruShots or others, due to such unauthorized use, subject to any limits set by applicable law. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. You may not assign or otherwise transfer your account to any other person or entity. You agree that any account created via these Services may be terminated, and/or some or all the associated account information deleted, following a period of inactivity. Such deletion may be done without prior notice.

While using our Services, you agree not to use any automated systems which access our Services in a manner that sends more request messages to GuruShots' servers, in any given period of time, than a human can reasonably produce in the same period, for example, by using a conventional online web browser.

You may not conduct, facilitate, authorize, or permit any text or data mining or web scraping in relation to our Services. This includes using (or permitting, authorizing or attempting the use of): (a) any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Services or any data, content, information or services accessed via the same; and (b) any automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations. This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Notwithstanding the foregoing, GuruShots grants the operators of public search engines permission to use spiders to copy materials from our Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. GuruShots reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personal information (as defined in our Privacy Policy) from our Services, nor to use the communication systems provided by our Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users. All GuruShots’ Website or Mobile App products, challenges and other Services are voided where prohibited by law.

We have the right to disable any account, and refuse current or future access to or use of the Services, at any time, if in our reasonable opinion you have failed to comply with any provision of these Terms & Conditions or applicable law, or if we consider that you are using our Services to upload or download content or infringe in any manner the rights of another person. Section 5 of these Terms & Conditions explains the steps we will take in relation to suspending your access to the Services.

We also reserve the right, where permitted by applicable law, to disclose your identity to any person who claims that any Submissions (as defined below) or any other content you have uploaded to our Services infringes their intellectual property rights or their right to privacy or is defamatory.

SERVICES SUBJECT TO CHANGE. We may change or discontinue all or any part of our Services, temporarily or permanently, in our sole discretion and without prior notice. The Mobile Apps may download and install upgrades, updates, and additional features in order to improve the Services. Where required by applicable law, we will inform you of this in advance.

4. Third Party Websites

GuruShots will not and cannot censor or edit the content of any third party site. We encourage you to be aware when you leave the GuruShots Services and to read the terms and conditions and privacy policy of each other website that you visit.

5. Content and Submissions

USER GENERATED CONTENT. Our Services permit the submission of images, photos and other communications, content, and materials ("Submissions") and the hosting, sharing, and publishing of such Submissions. Whether or not such Submissions are published, GuruShots does not guarantee the confidentiality of any Submissions.

INTELLECTUAL PROPERTY IN YOUR SUBMISSIONS. You retain all your ownership rights (including copyright) in your Submissions. However, by uploading, posting or otherwise submitting the Submissions to the Services or to GuruShots, you hereby grant GuruShots (and its successors) a fully paid-up, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable license to (i) display the Submissions to other Users and visitors to our Services; and (ii) use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Submissions on our Services, third party websites and social media for the purposes of providing and promoting our Services and GuruShots.

All Submissions are credited to the User who submitted or made available the Submissions to the Services, and Submissions will not be used, except as permitted by these Terms & Conditions. Submissions shall be used in the context of promoting our Services and GuruShots at our sole discretion and with no additional compensation owed to the User. Challenges conducted on our Services may have additional terms of participation. In certain circumstances, you may also receive invitations to participate in GuruShots exhibitions, events or publications in galleries or other locations around the world, which may be subject to an additional fee paid by you to GuruShots. In such cases, you hereby grant GuruShots a fully paid-up, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the Submissions at the exhibitions, events, or publications, and on our Services, third party websites, social media, in print or any other medium for the purpose of promoting the exhibitions, events or publications. Such GuruShots exhibitions, events or publications may have additional terms of participation.

You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with your Submissions, you affirm, represent, and warrant that you own or have the necessary licenses, rights, and permissions to submit or make available the Submissions to the Services and to license GuruShots to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by our Services and these Terms & Conditions. You further affirm, represent, and warrant that you have the written consent, release, and permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by our Services and these Terms & Conditions.

Licensing, Use, and Processing of Submissions in Connection with Artificial Intelligence Training; Opt-Out Right: This paragraph applies to all users who either i) create a GuruShots account on or after January 1, 2025; or ii) had created a GuruShots account prior to January 1, 2025 and subsequently affirmatively agreed to GuruShots’ updated Terms & Conditions by clicking I ACCEPT (or taking a substantially equivalent action) in response to a GuruShots disclosure indicating that content would be used to help train artificial intelligence systems. Effective thirty (30) days following your creation of a GuruShots account, in addition to the other licenses granted by you in the Terms & Conditions and notwithstanding anything to the contrary contained in the Terms & Conditions, you hereby expressly grant GuruShots (and its successors), and anyone authorized by GuruShots (and its successors), a fully paid-up, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable license to distribute, reproduce, modify, adapt, prepare derivative works of, and otherwise use your Submissions (or any of them, in whole or in part and including both previously uploaded Submissions and all of your future Submissions), including, without limitation, for purposes of developing, training, improving and/or enhancing artificial intelligence systems, large language models, or machine learning models (including, without limitation, as may be used in output generated by any of the foregoing) and to make such Submissions available to third-parties to do the same. You understand and agree that, notwithstanding anything to the contrary contained in the Terms & Conditions, Submissions used, shared, or processed pursuant to this paragraph may not be credited to the User. Within thirty (30) days of your creation of a GuruShots account, you may opt-out of granting the license set forth in this paragraph by accessing your account settings and adjusting the AI training preferences by toggling off the “Allow AI training” setting. You further affirm, represent, and warrant that the use, sharing, and processing of your Submissions as contemplated by this paragraph will not violate or infringe upon the rights of any individual or any third party.

Reference is made to the GuruShots Ltd. (“GuruShots”) Terms & Conditions available at http://gurushots.com/terms (the “Terms & Conditions”).  The following constitutes a supplemental amendment to the Terms & Conditions for those who have expressly opted-in to these supplemental terms in connection with the use of Submissions for artificial intelligence training purposes in connection with a GuruShots challenge (the “Supplemental AI Challenge Terms”).  Capitalized terms used in these Supplemental Challenge AI Terms not otherwise defined herein shall be defined as set forth in the Terms & Conditions. For the avoidance of doubt, by accepting these Supplemental Challenge AI Terms you also confirm your express acceptance of the Terms & Conditions.

In addition to the other licenses granted by you in the Terms & Conditions and notwithstanding anything to the contrary contained in the Terms & Conditions, you hereby expressly grant GuruShots (and its successors), and anyone authorized by GuruShots (and its successors), a fully paid-up, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable license to distribute, reproduce, modify, adapt, prepare derivative works of, and otherwise use the Submissions you provide in connection with any GuruShots challenge(s) that reference these Supplemental Challenge AI Terms, including, without limitation, for purposes of developing, training, improving and/or enhancing artificial intelligence systems, large language models, or machine learning models (including, without limitation, as may be used in output generated by any of the foregoing) and to make such Submissions available to third-parties to do the same.  You understand and agree that, notwithstanding anything to the contrary contained in the Terms & Conditions, Submissions used, shared, or processed pursuant to this paragraph may not be credited to the User.  You further affirm, represent, and warrant that the use, sharing, and processing of your Submissions as contemplated by this paragraph will not violate or infringe upon the rights of any individual or any third party.

OUR INTELLECTUAL PROPERTY: All content and Submissions on our Services ("Content") is provided to you AS IS, for your information and personal use only. Nothing contained in the Services or in these Terms & Conditions should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any name, logo, trademark or service mark displayed in the Services without the written permission of GuruShots or such third party that may own the trademark displayed via the Services, and you may not use any name, logo, trademark, or service mark available via the Services without prior written approval by GuruShots. Except as expressly permitted in these Terms & Conditions, you may not copy, display, distribute, perform, create derivative works of, or otherwise use the Services or their Content.

GuruShots reserves all rights not expressly granted in and to our Services.

CONTENT RECOMMENDATIONS. GuruShots may make recommendations and rank Content on the Services to help improve your experience. Our recommendations are mainly influenced by the content of the images themselves, such as the number of votes an image receives and tags of content. Examples of our features include "Guru’s Top Pick", "Top Photographer " and "Top Photo" and “Challenge Suggestions.”

PROHIBITED USE OF THE SERVICES. You may not use our Services for any purpose or in any way that is prohibited by these Terms & Conditions or that violates any applicable laws. If you fail to comply with this requirement, we reserve the right to take action against you as set out in these Terms & Conditions.

In particular, you acknowledge and agree that you will not use the Services:

• in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services;
• to collect or aggregate information regarding other Users’ actions related to the Services, and you may not otherwise obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
• to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content or Submissions for any other purposes whatsoever without prior written consent of GuruShots;
• to engage in the use, copying, or distribution of any of the Content other than expressly permitted in these Terms & Conditions, including any use, copying, or distribution of Submissions of third parties obtained through our Services for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein;
• to circumvent, disable, or otherwise interfere with security related features of our Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of our Services or the Content therein;
• to harvest or collect information, including screen names, about other members or Users. The use of any information learned through our Services is limited to the express purposes set forth in these Terms & Conditions; all other uses are strictly prohibited;
• to create an account, display, upload, modify, publish, store, update, share, email or otherwise transmit to GuruShots information or any Submissions, that within the sole discretion of GuruShots:

• belongs to another person, are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GuruShots all of the license rights granted herein;
• contains falsehoods or misrepresentations that deceive or mislead the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact, that could damage GuruShots or any third party;
• is unlawful, obscene, defamatory, libellous, threatening, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, harassing (including on the basis of gender), hateful, racially or ethnically offensive or objectionable, or relate to or encourage money laundering or gambling or conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate;
• is harmful to children;
• threatens the unity, integrity, defense, security or sovereignty of any nation state, friendly relations between nation states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to a nation state;
• contain a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
• is patently false and untrue, and are written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
• consists of advertisements or solicitations of business, mass messaging, political campaigning or any form of spam; or impersonates another person.

MODERATION OF CONTENT: To the extent permitted by applicable law, GuruShots cannot and does not review all Content created or uploaded by Users to the Service. However, at our discretion, we may use automated and manual tools to detect and prevent harmful Content on the Services, including but not limited to proprietary moderation tools, human-based moderation and user reporting.

GuruShots does not endorse any Submission, or any opinion, recommendation, or advice expressed therein and, where permitted by applicable law, GuruShots expressly disclaims any and all liability in connection with Submissions. GuruShots does not permit copyright infringing activities and infringement of intellectual property rights on our Services, and GuruShots will remove all Content and Submissions, if properly notified that such Content or Submissions infringes on another’s intellectual property rights.

COMPLAINTS ABOUT CONTENT ON THE SERVICES. you become aware of any Content or behaviour on the Services that is illegal or otherwise in breach of these Terms & Conditions, then you can submit a report to us by using the in-app reporting feature corner next to the content, by sending us an email at contact@gurushots.com, or clicking here . Please see the “Copyright” section below for reports under the Digital Millennium Copyright Act.

REPEATED UNFOUNDED COMPLAINTS. If you frequently submit notices or complaints to us that are clearly unfounded, we may suspend the processing of any further notices or complaints from you for a reasonable period of time. We will take into account the number of clearly unfounded notices or complaints you have submitted within a given time frame when making this decision and will notify you in advance if we take any action related to this.

ACTIONS AGAINST YOUR CONTENT. GuruShots reserves the right to remove any Content (including Submissions) on the Services, and to close accounts and terminate a User’s access to the Services at any time and at its sole discretion, including, without limitation, if such Content or a User’s behaviour does not comply with these Terms & Conditions, for copyright infringement, for violations of other intellectual property law or other rights of any third party, for violations of applicable law, or if otherwise deemed inappropriate or unacceptable to GuruShots. If we remove or restrict access to your Content, where required by applicable laws, we will notify you and explain the reason for our decision. We will also notify the submitter of any report of the action we have taken against the Content.

REPEATED MISUSE OF THE SERVICE. We may suspend or terminate your access to the Services if you are determined to be a repeat infringer of these Terms & Conditions, including (without limitation) if you frequently upload to the Services material that is clearly illegal. We will take into account all relevant facts and circumstances when making such a decision, such as the nature, total number, and severity of the infringements that have taken place under your account.

APPEALS. If you do not agree with our decision to remove your Content, or to suspend or terminate your access to the Services, you can appeal our decision through our internal appeals process. Appeals can be submitted in writing to us at contact@gurushots.com. We will review your appeal request and let you know the outcome of our decision. If your appeal is unsuccessful, we will explain to you the reasons why (for example, if your Content has breached these Terms & Conditions or is otherwise illegal). If your appeal is successful, your Content will be restored. For Users in the European Union (EU), you also have the option to refer our decision to any independent out-of-court dispute settlement body certified by the Digital Services Coordinator under the Digital Services Act in the EU Member State where you live. This is without prejudice to your rights to take any other legal action against us in court. GuruShots allows “Challenge Gurus” to participate in challenges, themes, and other activities. The decisions of the “Challenge Gurus” are final and binding on all matters relating to the selection of winners. Winners will be selected according to the rules of each challenge. All Submissions and votes will be retained until eligible winners are chosen for all awards. Once a Submission or a User is deemed ineligible, however, the Submission will be discarded.

6. Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, "Feedback"). If you provide Feedback, you hereby grant to GuruShots a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import, and export products and services based on such Feedback. For this reason, we ask that you not send GuruShots any Feedback that you do not wish to license to us as set forth above. Feedback shall be used by GuruShots at our sole discretion and with no additional compensation owed to the User.

7. Copyright

For any complaints regarding copyright infringement pursuant to the Digital Millennium Copyright Act, please send an email to copyrights@gurushots.com. You can find more information on the procedure for making claims of copyright infringement here.

8. Marketing Communications

The following provisions apply only to the maximum extent permitted under applicable law.

By accepting these Terms & Conditions, you agree to receive marketing communications from us as part of the Services (e.g., via email or SMS), unless you have opted out of receiving such marketing communications. You can change your contact preferences at any time by sending us an email with your request to the email above. If you wish to stop receiving marketing communications from us, you may ask us to stop sending you marketing communications at any time by following the opt-out link on any marketing message sent to you or by contacting us.

By using the Mobile Apps, you also agree that we can send notifications to your mobile device (push notifications) or email regarding your activity, or activity relating to you, in the Mobile Apps, as well as service messages. At any time, you can manage your push notification preferences or deactivate these notifications by turning off the notification settings in the device settings of your mobile device. You may ask us to stop sending email notifications to you at any time by contacting us.

9. Warranty Disclaimer

THE INFORMATION, SOFTWARE, SERVICES AND CONTENT MADE AVAILABLE THROUGH OUR SERVICES ARE PROVIDED TO YOU “AS IS”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GURUSHOTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, DISTRIBUTORS, SUB-LICENSEES, AND AGENTS (COLLECTIVELY, THE “GURUSHOTS PARTIES”) DISCLAIM ALL PROMISES AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR SERVICES AND YOUR USE THEREOF INCLUDING WITHOUT LIMITATION, PROMISES AND WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATED TO NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. GURUSHOTS MAKES NO PROMISES, WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT ON OUR SERVICES OR THE CONTENT OF ANY SITES LINKED TO OUR SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICES. NOTHING IN THESE TERMS & CONDITIONS, SHALL EXCLUDE ANY WARRANTIES OR GUARANTEES, OR LIMIT LIABILITY OF GURUSHOTS WHERE IT WOULD BE UNLAWFUL TO DO SO. GURUSHOTS DOES NOT PROMISE, WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GURUSHOTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

WHERE PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL THE GURUSHOTS PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE GURUSHOTS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY ONLY TO THE EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE GURUSHOTS PARTIES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. OUR SERVICES ARE HOSTED BY GURUSHOTS IN THE UNITED STATES OF AMERICA. GURUSHOTS MAKES NO PROMISES OR REPRESENTATIONS THAT OUR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES OF AMERICA. THOSE WHO ACCESS OR USE OUR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

11. Eligibility for the Services

Our Services are intended for use by individuals 17 years of age and older, or such higher age required in your country to use the Services. You affirm that you are 17 years of age or older, or such higher age required in your country to use the Services. If you are under 17 years of age or such higher age required in your country to use the Services, please do not use our Services.

11. Purchases

Our Services permit the purchase of virtual items or services such as (without limitation) GuruShots Points, Swaps, Fills and Keys (“Virtual Goods”), that we expressly make available for use in the Services for a fee. Virtual Goods may also be rewarded for participating in challenges in our discretion. In such cases, Virtual Goods are given when challenges have ended. The ratio of how often Virtual Goods are given is based on general participation in challenges and may change over time. We may also reward you Virtual Goods for free or as part of a promotion. Some Virtual Goods will expire after a set time period. Upon the expiration of the time period, any unused Virtual Goods expire. Virtual Goods are a category of Content, so the purchase of Virtual Goods grants you only a non-exclusive, non-transferable, non-sublicensable, and revocable license to use such Virtual Goods in conjunction with your personal, non-commercial use of the Services.

You understand and agree that while Virtual Goods may be described as being “purchased”, “bought”, “redeemed” or “spent”, the Virtual Goods themselves are not real world or virtual currency and do not refer to any credit balance of real currency or its equivalent or property of any type.

You acknowledge that you do not acquire any ownership rights in or to the Virtual Goods, or other Content; any balance of Virtual Goods does not reflect any stored value, but instead only constitutes a measurement of the extent of your license. Virtual Goods may only be used in the Services and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else.

You also agree that you will only obtain Virtual Goods from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. Once you acquire a license to Virtual Goods, you may not trade or transfer the Virtual Goods to another individual or account, unless such functionality is provided to you by us by way of a feature or service, whether inside the Services or through some other method. We may cancel any Virtual Goods sold, transferred, or exchanged in violation of these Terms & Conditions. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your account or access to the Services.

Pricing and availability of Virtual Goods are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Virtual Goods. As set forth above, all Virtual Goods and other Content is provided “as is,” without any promise or warranty. We have the right to offer, modify, eliminate, and/or terminate Virtual Goods, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you.

The purchase and sale of Virtual Goods is a completed transaction upon receipt of your payment, and we will not permit exchanges or refunds regardless of the extent to which you use the Virtual Goods. Your ability to use any Virtual Goods is effective immediately once they are placed in your account.

The terms of any purchase will be explained on the purchase page within our Services, where you will provide your billing information and confirm the particulars of your purchase. If you purchase Virtual Goods, your order will represent an offer to us to purchase a license for the relevant Virtual Goods which will be accepted by us when we make the Virtual Goods available in your account or debit your credit card, whichever comes first, and you can then use the Virtual Goods immediately.

Some purchases will automatically renew. If a purchase that automatically renews involves Virtual Goods, we will charge your payment method upon the expiration of the license you purchased and the number of Virtual Goods you originally purchased will be added to your account to allow you to continue to use the Virtual Goods. Any additional terms of any purchase including an automatic renewal will be explained on the purchase page, which are incorporated herein.

Certain jurisdictions (for example, Israel, the United Kingdom, and a member state of the European Union) may provide statutory rights, including a cooling-off period which allows you to withdraw from a purchase. Nothing above or anywhere else in these Terms & Conditions is meant to limit your return or cancellation statutory rights, or any other rights that may be afforded to you by consumer laws.

13. Refund policy

You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. GuruShots may revise the pricing for the goods and services offered through the Service at any time. You acknowledge GuruShots is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary. Nothing above or anywhere else in these Terms & Conditions is meant to limit your statutory rights of return or cancellation, or any other rights that may be afforded to you by consumer laws.

14. Your liability

Where we incur losses as a result of your misuse of the Services, you agree to compensate the GuruShots Parties for these losses, where permitted by applicable laws. This could include claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to our Services; (b) your violation of any term of these Terms & Conditions; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; (e) any claim that one of your Submissions caused damage to a third party; or (f) our Services or GuruShots' third party server failure, deficiency, collapse or any other circumstance resulting in a complete loss of digital property and/or documents and any and all Submissions. This liability obligation will survive these Terms & Conditions and your use of our Services. GuruShots is a platform designed for the storage and the sharing of files and Users are responsible to always maintain an original copy of any submitted file in case of a complete loss.

15. Rewards and Payments

Winners Verification and Delivery of Awards

Users can participate in challenges within the Services by submitting Submissions which are voted on by other Users subject to these Terms & Conditions. Challenges conducted on our Services may have additional terms of participation. Virtual Goods may be rewarded to Users for participating in challenges in our discretion. GuruShots may also award Virtual Goods or other awards to winners of challenges. In such cases, after the process of voting and judging to select award winners has finished, the potential award winners will be notified in accordance with the contact information provided in their respective Submissions via notification within the Services, mail, courier, email, or other method chosen by GuruShots, partners and the sponsors in their discretion. GuruShots reserves the right to verify winners collectively or one or more at a time, as it deems appropriate in its discretion and in whatever order it chooses. To be confirmed as a winner, Users will be required to confirm full legal rights and ownership of their Submission.

Should an award notification or award addressed to a particular User be returned as undeliverable, GuruShots will not resend the notice (whether by the same or another method), research the User's address nor make any further attempts at delivery. In the case that a winner's shipping address is located in a country or area designated by our Services as undeliverable, we reserve the right to provide a cash payment sent via PayPal, an Amazon gift card or other reward, in each case of equal value of the announced award.

Winners will be announced after the required confirmation is received and the respective winners are confirmed. Winners will receive their awards within sixty (60) days of GuruShots’ announcement of the winners. The awards are subject to change at any time without notice and at the sole discretion of GuruShots.

Releases

By entering a challenge, each User releases and holds harmless GuruShots, its partners and sponsors, and any participating award providers, as well as any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies, against any and all claims, demands and liabilities arising out of or relating to challenges, User's participation in a challenge and/or any challenge-related activity, including, without limitation, from winner's use or misuse of an award or any portion thereof. Users assume all liability for any injury or damage caused, or claimed to be caused, by participation in challenges and/or use/redemption of any award.

Internet

User agrees to be bound by these Terms & Conditions. GuruShots, its partners and sponsors are not responsible for any typographical or other error in the submission, the printing of the offer, administration of challenges or the announcement of the awards. GuruShots, its partner and sponsors are not responsible for any electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive User information by GuruShots, partners and sponsors on account of technical problems or traffic congestion on the Internet, the Services, at any website, or any combination thereof. If for any reason the challenge is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other similar causes or causes beyond the control of GuruShots, its partners and sponsors, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the challenge, then, subject to any governmental approval which may be required, GuruShots, its partners and sponsors shall have the right to modify, suspend or terminate the challenge. If technical malfunctions or suspect voting irregularities corrupt the voting process, GuruShots, its partners and sponsors reserve the right, in their sole discretion, to award awards based solely on the non-suspect votes. In the event of termination, a notice will be posted on our Services and all eligible Submissions received prior to termination will be judged per these official rules. Any use of robotic, automatic, programmed, or similar methods of participation or voting will void all such submissions/votes by such methods.

Disqualification

GuruShots reserves the right to disqualify any User or person who tampers with or is suspected of tampering with an entry or the judging and voting process, including any person attempting to solicit, encourage or obtain automated votes. In addition to the rights retained by GuruShots, its partners and sponsors set forth above, sponsors further reserve the right to disqualify all votes from voters that are deemed to be fraudulent.

Caution

Any attempt by a User to deliberately damage our Services, including but not limited to, the entry site, or undermine the legitimate operation of the challenge is a violation of criminal and civil law. Should such an attempt be made, GuruShots, its partners and sponsors reserve the right to prosecute and/or seek damages and/or other relief from any such entrant to the fullest extent of the law.

Payments

If you purchase Virtual Goods through the Services, you will be asked to provide information about your preferred payment method (e.g., credit card, online payment service such as PayPal, a third party such as Google Play or App Store (Apple), or other payment method). If you provide your payment information (e.g., name, billing address, credit card information) you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. If you pay through PayPal, the Google Play, or App Store (Apple), you may change your payment method through the corresponding store account. GuruShots may change the payment methods offered within the Services from time to time. You confirm that all such billing information is complete and accurate, and that you are authorized to use such account information for such payments. The use of a third party payment service (“Payment Processor”) is subject to any terms and conditions made available by the Payment Processor, and you must comply with all such terms and conditions. You acknowledge that you may be separately required to accept the Payment Processor’s own terms governing use of its services in the manner it specifies, and that your personal data may also be subject to that Payment Processor’s own privacy policy.

Any payments from GuruShots to Users may be done as a PayPal transfer. In such circumstances, Users must own a legitimate PayPal account to receive any payment. Please note however that PayPal is a Payment Processor and GuruShots shall not be liable in any way for any errors and/or other issues related with the processing of the payment by PayPal (or any other Payment Processor). The use of the services provided by PayPal is governed by PayPal’s terms of use (and not these Terms & Conditions), which we encourage you to read prior to the use of such services.

* Prizes granted on GuruShots are in no way sponsored by or affiliated with Apple, Google, or any other app store provider.

16. General

CHOICE OF LAW: You agree that our Services shall be deemed passive websites, mobile applications or online services that do not give rise to personal jurisdiction over GuruShots, either specific or general, in jurisdictions other than Israel. These Terms & Conditions shall be governed by the internal substantive laws of the State of Israel, without respect to its conflict of laws principles. Any claim or dispute between you and GuruShots that arises in whole or in part from our Services shall be decided exclusively by a court of competent jurisdiction located in Israel. If you are resident in the UK or EU, consumer laws permit you to bring an action against us in the courts of the country in which you reside.

c: These Terms & Conditions, including any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by GuruShots without restriction. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms & Conditions.

ENTIRE AGREEMENT: These Terms & Conditions, and other legal notices published by GuruShots on our Services, shall constitute the entire agreement between you and GuruShots concerning our Services.

These Terms & Conditions, and other legal notices published by GuruShots on our Services, shall constitute the entire agreement between you and GuruShots concerning our Services.: If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the other provisions of these Terms & Conditions shall still apply.

WAIVER: GuruShots' failure or delay in asserting any right or provision under these Terms & Conditions does not prevent us from doing so later.

AMENDMENTS: GuruShots reserves the right to amend these Terms & Conditions at any time and without prior notice, and it is your responsibility to review these Terms & Conditions for any changes. If make any changes, we will notify you by posting the revised Terms & Conditions on this page and by revising the "Effective Date" at the top of the Terms & Conditions. Your use of our Services following any amendment of these Terms & Conditions will signify your acceptance of the revised terms. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND GURUSHOTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

17. TERMINATION BY YOU

You may terminate these Terms & Conditions at any time by deleting your account and ceasing to use the Services. To terminate your account, you may send an email to contact@gurushots.com asking to do so. The termination will comply with the laws in your region.

18. For users in the EU

In the EU, as of January 01, 2025, our estimated average monthly active recipients for the past six months was 24,231.

Contact for authorities: dt-authorities@zedge.net in English or Lithuanian

Contact for Users: dt-users@zedge.net in English.

We have appointed Zedge Lithuania, UAB as our legal representative for the purposes of the DSA. You can contact our representative at dt-users@zedge.net