The GUILD Data Protection Information GDPR
Duties of disclosure upon collection of personal data from the data subject in accordance with Article 13 paragraphs 1, 2, and 4, as well as Article 21 paragraph 3 of the EU General Data Protection Regulation (GDPR).
Data Protection Information
The following data protection information gives an overview of the collection and processing of your data. With the following information, we would like to give you an overview of how we will process your data and of your rights according to data privacy laws.
1. Who Is Responsible For Data Processing and How Can I Contact Them?
Data Protection Officer:
1355 Market Street, Suite 400
San Francisco, CA 94103
2. What Sources and Data Do We Use?
We process personal data you entered in the GUILD website, and information from your browser and connected devices. The sources of the data are our website, social media accounts, event management software, online surveys and any other GUILD related online sites.
If you choose to use linkedin to log in or create an account, The GUILD has access to your name and email address from them.
3. What Do We Process Your Data for (Purpose of Processing) and On What Legal Basis?
We process personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR):
● For enabling communications to you via your email and phone.
● For providing curated professional introductions and content personalized for you.
● As a result of your consent. You have to permit us to collect your information both on The GUILD websites and on your smartphone.
4. Who Receives My Data?
Your personally identifiable information (such as name, email address, phone number) are only available to The GUILD match-making service, to partners who send us your information when you signed up and to customer service if needed for support.
Your de-identified data (such as interaction with the service) are available to The GUILD and authorized staff at The GUILD for the purposes of learning and improving the experience for everyone.
5. Will Data Be Transferred to a Third Country or an International Organization?
Your data is transferred outside of the EU - it is all securely stored and processed in Amazon Web Services in Oregon, USA , IBM Cloud in the USA and Google Drive in the USA.
Please contact us if you would like to request to see a copy of the specific safeguards applied to the export of your information (Article 13 para 1f of the GDPR).
6. For How Long Will My Data Be Stored?
We will process and store your personal data for as long as it is necessary in order to fulfill our contractual and statutory obligations. By default your data is stored for seven (7) years.
7. What Data Privacy Rights Do I Have?
You have the right to access according to Article 8 FADP (Article 15 of the GDPR), the right to rectification according to Article 5 FADP (Article 16 of the GDPR), the right to erasure according to Article 5 FADP (Article 17 of the GDPR), the right to restrict processing according to Articles 12, 13, 15 FADP (Article 18 of the GDPR), the right of object according to Article 4 FADP (Article 21 of the GDPR), and if applicable – the right to data portability according to Article 20 of the GDPR. Furthermore, if applicable on you, there is also a right to lodge a complaint with an appropriate data privacy regulatory authority (Article 77 of the GDPR).
You can withdraw consent granted to us for the processing of personal data at any time. This also applies to withdrawing declarations of consent that were made to us before the GDPR came into force (i.e. before May 25, 2018). Please contact us if you would like to request to see, amend or request removal of your data.
Please note that the withdrawal only applies to the future. Processing that was carried out before the withdrawal is not affected by it.
8. Am I Obliged to Provide Data?
The GUILD is not able to provide personalized effective introductions without access to your information.
9. To What Extent Is There Automated Decision-Making?
The GUILD does use automated decision-making pursuant to Article 22 of the GDPR in order to provide personalized introductions.
10. Will Profiling Take Place?
The GUILD introductions and match-maker gets better at its personalized introductions with more information. The GUILD builds a profile of your habits in order to more effectively introduce you to relevant contacts in the network.
Information on Your Right of Objection According to Article 21 of the General Data Protection Regulation (GDPR)
You shall have the right of objection, at any time to processing of your personal data which is based on Article 6 paragraph 1 subparagraph e of the GDPR (data processing in the public interest) and Article 6 paragraph 1 f of the GDPR (data processing based on balancing interests). This also applies to profiling based on this provision in terms of Article 4 No. 4 of the GDPR.
If you object, please delete your GUILD account by cancelling and sending us an email asking us to delete your information. This will cease all information gathering and processing.
The GDPR policies are effective and were last updated on May 22nd, 2018.
Effective Date: May 22, 2018
We do not knowingly collect or solicit personal information from anyone under the age of 21 or knowingly allow such persons to register for the website services or under the age of 16 in the European Union (EU). If you are under 21 or under the age of 16 in the EU, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 21 or 16 in the EU may provide any personal information to us or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13 or 16 in the EU, please contact us at: email@example.com.
What information does The GUILD collect?
Information you provide to us:
We receive and store any information you knowingly provide to us. For example, we collect personal information such as your name, username, email address, gender, birth date, ethnicity, location, life stage, job role, industry, countries you lived in, networks you belong to, hobbies, networking intentions, event you attended and we may collect other information as our services and products are further developed (collectively “Personal Information”). You can choose not to provide us with certain information, but then you may not be able to register with us or our partners or to take advantage of some features. We may, but not always, anonymize your personal information so that you cannot be individually identified, and provide that information to our partners. For example, you may tell us that you are female, age 38 and are looking to explore new job opportunities; we may combine this information with content received from our other users, and disclose to our partners that on the whole, our female users in their 30ies are looking for new job opportunities, but we will not tell those partners who you are. We may use third party service providers and suppliers to facilitate the Website and Services we provide, and they may have access to Personal Information. In addition, we may buy or sell business assets or be acquired by or acquire other organizations. In such transactions, Personal Information generally is one of the transferred business assets. In addition, in the event we merge or consolidate with another organization, Personal Information may be transferred to the successor entity. We may also disclose Personal Information to other affiliated institutions and/or if we are required to do so by law.
Information collected automatically:
Whenever you interact with our Website, we automatically receive and record information on our server logs from your browser including your IP address, 'cookie' information, and the page you requested. 'Cookies' are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when pages in our Website are visited and by how many people. The GUILD does not save any personal information in the cookie and cannot connect the information in the cookie to a specific person. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer’s or device's acceptance of cookies, but this may prevent you from taking advantage of our Website's best features.
When we collect usage information (such as the numbers and frequency of visitors to the Website), we only use this data in aggregate form, and not in a manner that would identify you personally. For example, this aggregate data tells us how often users use parts of the Website, so that we can make the Website appealing to as many users as possible. We may also provide this aggregate information to our partners; our partners may use such information to understand how often people use our Website, so that they, too, can provide you with an optimal online experience. We never disclose aggregate information to a partner in a manner that would identify you personally.
Interest based advertising and retargeting:
There exists a range of different kinds of online interest based advertising and retargeting services; from fairly simple forms to the far-reaching monitoring of web surfer activities carried out by search-engine owners or services carried out in partnerships between technology companies and Internet Service Providers. As a common denomination, you could say that interest based advertising and retargeting is intended to make online display advertising more relevant to web surfers' likely interests.
The GUILD's interest based advertising and retargeting services are cookie and web beacon based. Based on the anonymous information stored in the User's cookie, The GUILD is able to provide more relevant advertising to the User. For example, a User that visits networking event sites often will be categorized in the 'networker’segment, and will primarily be served advertisements that are relevant to the interests of a networker, and a User that shows interest in a certain car model or a certain computer model, may be served advertisements or specific offers for such car model or computer model.
Interest based advertising:
Interest based advertising may be The GUILD's solution for optimizing the selection of ads for a certain user in the future. The selection of ads is based on an interest profile built up during visits to websites.
Interest based advertising step by step:
A website user browses sites. The category of each website is saved to a cookie in the web browser.
When the website user browse sites related to cars the counter for category "Automotive" is updated in the cookie.
Ads are selected and shown to the user based on the category count in the cookie. A user with a higher than average count in the "Automotive" category will be shown more ads related to cars.
Retargeting Retargeting is a solution for displaying ads based on which websites or pages the user has visited before.
Retargeting step by step:
The user browses a website that runs a retargeting campaign.
Information on what pages the user visits on the website is stored in a cookie in the user's web browser.
When the user visits The GUILD site in the future, ads may be shown to the user based on the information in the retargeting cookie.
For the website user targeting means that more relevant ads will be displayed, ads that match the user's interests. For example, a user visiting more travel websites than average will be served more ads related to travel. A user being interested in a certain product will be served ads with offers related to that product.
The GUILD does not save any personal information in the cookie and cannot connect the information in the cookie to a specific person.
You can opt out from our targeting solutions as noted below; when you have opted out you will not be served ads based on your interests and no targeting information will be stored in your web browser. Note that the blocking ends if you clear your browser from cookies. Also, if you delete cookies or set your browser to disallow cookies, you will limit the functionality we can provide when you visit our website.
Delete targeting cookies
Your interest profile can be removed by deleting your browser's cookies.
Information stored on cookies The cookie information stored on the User's hard drive for interest based advertising and retargeting purposes is: (i) User segment hits or information on a specific product, service, brand or model in which the User has shown interest during its visit to a certain website and (ii) time and date stamp of the latest update of the User profile.
If the cookie is deleted by the User, all profile data is removed. For the sake of clarity, no segments relating to information which The GUILD considers sensitive have been or will be created, such as segments relating to political opinions, religious beliefs, physical or mental health conditions or sexual life. Further, The GUILD is very sensitive to the issue of children's privacy and marketing directed to children. No segments are intended to be established for the profiling of children.
E-mail and other communications:
We may contact you, by email or other means; for example, we may send you promotional offers on behalf of other businesses, or communicate with you about your use of the Website. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make emails more interesting and improve our service. If you do not want to receive email or other communications from us, please indicate your preference by emailing us at: firstname.lastname@example.org.
Will The GUILD share any of the personal information it receives?
We neither rent nor sell your personal information in personally identifiable form to anyone. We share your personal information in personally identifiable form with third parties only as described below.
• Affiliated businesses, third party websites and third party services we do not control: In certain situations, businesses, third party websites and third party services we're affiliated with may sell items or provide services to you through the website (either alone or jointly with us) or conversation. Third party services are under contractual obligation to keep such user information confidential.
• Agents and Business Partners: We employ other companies and people and affiliate with third party business partners (such as IT firms, membership organizations or a recruiting firms) to perform tasks on our behalf in order to enhance the value and utility of our products and services, including the Website and Services and need to share your information with them to provide products or services to you. Unless we tell you differently or if you have entered into a direct agreement, our agents and business partners do not have any right to use the personal information we share with them beyond what is necessary to assist us.
• User submissions: Any content or personal information that you voluntarily disclose online in a manner other users can view (in your GUILD profile, on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others.
• Business transfers: We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business or enter bankruptcy, personal information would be one of the assets transferred to or acquired by a third party.
• Protection of The GUILD and others: We may release personal information when we believe in good faith that release is necessary to comply with laws; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of The GUILD, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
• With your consent: Except as set forth above, you will be notified when your personal information may be shared with third parties, and will be able to prevent the sharing of this information.
Is personal information about me secure?
What personal information can I access?
Through your account settings, you may access, and, in some cases, edit or delete the following information you've provided to us:
• name and password
• email address
• user profile information, including your age and location
The information you can view and update may change as the Website changes. If you have any questions about viewing or updating information we have on file about you, please contact us at: email@example.com.
What choices do I have?
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our special features.
You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. Please note that some information may remain in our private records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your personal information after you update or delete it, but not in a manner that would identify you personally.
Prohibited Activities-No Retaliation or Intimidation
It is the policy of the Company that no employee or contractor may engage in any intimidating or retaliatory acts against persons who file complaints or otherwise exercise their rights under GDPR regulations.
It is the policy of the Company to remain current in our compliance program with GDPR regulations.
Disclaimer and Limit of Liability
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
To the extent allowed under law, the GUILD, Inc. (and those that the GUILD, Inc. works with to provide the services) (a) disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and noninfringement); (b) do not guarantee that the services will function without interruption or errors, and (c) provide the service (including content and information) on an “as is” and “as available” basis.
Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to you.
Exclusion of Liability
These are the limits of legal liability we may have to you. To the extent permitted under law (and unless the GUILD, Inc. has entered into a separate written agreement that supersedes this agreement), the GUILD, Inc. (and those that the GUILD, Inc. works with to provide the services) shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. offensive or defamatory statements, downtime or loss, use or changes to your information or content).
In no event shall the liability of the GUILD, Inc, (and those that the GUILD, Inc. works with to provide the services) exceed, in the aggregate for all claims, an amount that is the lesser of (a) the most recent fee that you paid for a membership service, if any, or (b) $500. This limitation of liability is part of the basis of the bargain between you and the GUILD, Inc. and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if the GUILD, Inc. has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.
Terms and Conditions of Use
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 21 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 21 years of age.
3. Copyright notice
3.1 Copyright (c) 2018 The GUILD, Inc.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in electronic form to any person.
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities for any other purpose than the intended and described purpose of the website.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Registration and accounts
6.1 To be eligible for an account on our website under this Section 6, you must be 21 years.
6.2 You may register for an account with our website by completing and submitting the account registration form on our website.
6.3 You must not allow any other person to use your account to access the website.
6.4 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
6.5 You must not use any other person's account to access the website.
6.6. By entering your email address in the GUILD website or a partner website, you also consent to receive email communication from The GUILD and its programs about events and updates that may interest you.
7. User login details
7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Fees; Payments.
8.1 . Fees. The GUILD may charge you a fee for certain features on the Service (the “Fee”). Any Fee will be set forth on the Service. Any Fees will be paid through our third party payment processors and must be in U.S. Dollars.
8.2 Subscriptions. THE GUILD may offer monthly, quarterly or yearly subscriptions to the Service (“Subscriptions”). Subscriptions last one quarter or one year from the sign-up date, and they automatically renew for successive monthly terms until cancelled by you as further described below. You agree to pay for the Fee for the Subscription that you select for the Service and any other purchases you agree to make on the Service.
8.3 Invoicing. You authorize us to automatically charge the payment method our service provider has on file for your quarterly and yearly payments, based on the billing option you select at the time of checkout.
8.4 Auto-Renewal. By purchasing a yearly subscription, you agree that, once your subscription expires, your subscription will automatically renew for successive yearly periods unless you cancel your subscription as further described below. You authorize THE GUILD to charge the payment method that our service provider has on file for you to pay for any renewal subscription. You will be billed for the same subscription plan (or the most similar subscription plan, if your prior subscription plan is no longer available) at the then-current yearly subscription price plus any applicable taxes. We will process your payments for any renewal subscription using the same billing cycle as your current subscription. In other words, if we process your payment for your current subscription on the 20th of each year, then we will continue to process your payment on that day for any renewal subscription. Additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted under applicable law. We will notify you of any changes to your subscription via email. You are solely responsible for ensuring that the email address associated with your account is accurate. For quarterly subscriptions, please re-read this paragraph and substitute the word ‘quarterly for yearly, as the same policy applies.
8.5.1 24-Hour Cancellation. Regarding the Service, you, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the next business day following the date of this agreement, excluding Sundays and holidays. To cancel this agreement, proceed to the profile page and change your membership or email us at firstname.lastname@example.org. Please include the e-mail address associated with your GUILD account in this notice. For the Service, the day that you submit a completed subscription form will be the date of this agreement. Any refunds under this 24-hour cancellation policy will be made within 10 days after THE GUILD’s receipt of your cancellation notice.
8.5.2 Cancellation of yearly plans. You may cancel your yearly subscription at any point in time. The GUILD will refund the amount of the membership fee not used proportionally to the yearly plan based on the months used versus unused. For The GUILD will subtract the retail value of any value coffee vouchers that have been sent to you via email as they keep the value and can be used past the cancellation date. Example: If you cancel in the month of July after you subscribed in January, we refund 6/12 of the yearly membership fee minus the retail value of the coffee vouchers sent to you. Any refunds under this cancellation policy for yearly plans will be made within 10 days after THE GUILD’s receipt of your cancellation notice.
8.5.3 Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive the Service for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (C).
A. If you have prepaid any amount for the Service, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
B. “Disability” means a condition which precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to THE GUILD.
C. If the physician determines that the duration of the disability will be less than six (6) months, THE GUILD may extend the term of the Service contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
8.6. Cancellation and suspension of account
8.6.1 We may:
(a) suspend your account;
(b) cancel your account;
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
8.6.2 You may cancel your account on our website using your account edit profile panel on the website and send a note to email@example.com.
The GUILD organizes events "Events" as part of the service and if you attend any of the GUILD events hosted, or co-hosted, you agree that you are responsible for any accidents or damages that you cause. The GUILD reserves the right to remove any attendee from any of their events if the person does violates the GUILD's or the event's code of conduct.
You also agree to not hold The GUILD, or any of the event supporters and sponsors liable for any loss, damage, injury, or any other unforeseeable incident.
By Participating at an event, you grant The GUILD permission to capture photo/video of you and use these photos in the GUILD's sole digression.
9.3 Email Communication
By registering for an event through the GUILD website or a partner website, you also consent to receive email communication from The GUILD and its programs about events and updates that may interest you. If the event is co-hosted with a partner you also consent to receiving communication from that event partner.
Tickets to GUILD events are non-refundable. If you are unable to attend, you have the option of giving it to a friend or team member to attend in your place. It is in the sole discretion of the event host to cancel and refund tickets.
9.5 Billing Information Verification
Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, Customer Service will attempt to contact you, using the information provided at the time of purchase. If Customer Service is unable to reach you after its initial attempt, Customer Service may cancel your order and may sell your tickets to another customer without further notice.
9.6 Pricing and other errors
If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on this website or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then: The Promoter will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of this website.
9.7 Unlawful resale of tickets
Unlawful resale of tickets (or attempted resale) is grounds for seizure and cancellation without compensation. A ticket shall not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by the Event Promoter, provided that even if such consent is obtained, any use of Event Promoter's trademarks and other intellectual property is subject to the Event Promoter’s consent.
9.8 SPEAKERS/PERFORMERS/ARTISTS/ACTS/PLAYERS SUBJECT TO CHANGE
Performers, Artists, Acts, Players are subject to change or cancellation at any time without notice. No refund will be owed if any performer, artist, act, player or any other scheduled performance, person or group is changed or canceled and the event still occurs.
9.9 Rain or Shine
Unless otherwise determined by the specific event promoter, all events are considered RAIN or SHINE. No refunds will be given due to inclement weather.
9.10 Cancelled / postponed events
Occasionally, events are canceled or postponed by the promoter, team, band or venue. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that event. For exact instructions on any canceled or postponed event, please check the event information online or contact us. If a refund is issued, then the Promoter will most likely give you a refund by issuing a credit to the credit card that you used to purchase that ticket, and the holder of the ticket will not be able to physically present it for a refund.
Customer Service typically only offers refunds and/or exchanges based on the promoter's, team's or venue's instructions. Customer Service is not obligated to issue a refund except to the extent that the promoter, team or venue responsible for bringing you the event (1) instructs us to issue a refund, and (2) provides us with the ticket funds necessary to issue refunds. In order to receive a refund or an exchange that may be offered, you will have to comply with the promoter's, team's or venue's instructions or deadlines, which, along with the decision about whether or not to issue a refund or an exchange, may be at the promoter's, team's or venue's discretion.
10. Your content: license
10.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
10.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, sell, translate and distribute your content on and in relation to this website in any existing or future media.
10.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
10.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
10.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
10.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
10.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10.8 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:
The GUILD, Inc.
ATTN: Legal Department (Copyright Notification)
1355 Market Street, San Francisco, CA 94103, USA
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Service;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Repeat Infringers. The GUILD will promptly terminate the accounts of users that are determined by The GUILD to be repeat infringers.
11. Your content: rules
11.1 You warrant and represent that your content will comply with these terms and conditions.
11.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
11.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage];
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
12. Limited warranties
12.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
12.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
12.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
13. Limitations and exclusions of liability
13.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
13.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 13.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
13.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
13.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
13.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
14. Breaches of these terms and conditions
14.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
14.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
15.1 We may revise these terms and conditions from time to time.
15.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
15.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Third party rights
18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
19. Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with the law of the United States of America.
19.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Delaware.
20. Statutory and regulatory disclosures
20.1 We are registered in Delaware
21. Our details
21.1 This website is owned and operated by The GUILD, Inc..
21.2 We are registered in Delaware, and our registered office is at 1355 Market Street, San Francisco, CA 94103.
21.3 You can contact us:
(a) using our website contact form