TERMS OF SERVICE
PLEASE READ THE FOLLOWING CAREFULLY. THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME (“Terms”), ARE A BINDING AGREEMENT (“Agreement”) BETWEEN YOU (“End Users”, “Authors”, “Author Agents", and “Publishers” as defined below) AND GURU LAND, INC. (“Guru Land”).
By using the service available at www.GuruLand.net and affiliated domains (the “Site”), You agree to the terms governing the applications, features, and functionality available on or through the Site (The “Service”). If you do not agree with the terms contained in this Terms of Service, do not use the service.
About Guru Land – Guru Land operates a self-serve ebook publishing and distribution platform. We also operate the GuruLand.net store. We make it fast, free and easy for authors, publishers, and agents to publish and distribute ebooks. Although Guru Land provides authors, publishers and agents tools to publish and distribute ebooks, Guru Land itself is not a publisher, and therefore does not and cannot assume the legal rights, responsibilities or liabilities of a publisher.
Rights and Obligations of Authors, Publishers and Agents – If you upload (publish) a work to Guru Land, you understand and warrant that you are the legal publisher of this work; you control all rights and assume all liabilities associated with the publication of this work; and you warrant and affirm that no aspect of your work infringes or violates the rights of another person, party or entity. In your role as the author, publisher or agent, you understand you are the publisher of your work, and therefore you or your author are responsible for the writing, editing, formatting and cover design for your book. As the authorized author, publisher or agent, you are responsible for uploading your book to Guru Land, managing your book’s metadata, opting in or out of Guru Land distribution channels, and marketing your book. To the extent, Guru Land or its retail distribution partners provide tools or services to assist in or support any of these publishing activities does not change the fact that you are the legal publisher of this work and Guru Land is acting in the role of publishing platform, retailer, and distributor.
The following describes how users of the Site who review or purchase downloadable digital books (“End Users”) can download material and how they may review or use that work by the person or entity who posted the work (the “Author” or “Publisher”). For the sake of simplicity, this Terms of Service may use the term Author and Publisher interchangeably. The term “Author’s Agent” refers to the Author’s duly authorized representative, who is fully authorized and empowered to act on behalf of the Author in all matters described in this Agreement, and who may be authorized to collect and receive directly the monies otherwise payable to Author (or “Publisher”).
The following also describes the rights and responsibilities of the Author and Guru Land. Any user of this Site who downloads reads or previews any Work on the Site is referred to as an “End User.”
1. The Grant and the Territory
The Author hereby grants and assigns to Guru Land the non-exclusive worldwide right to digitally publish, distribute, market and sell (“Publish”), and to license others to do so, the work identified on the front page of your submission (the “Work”). Since the terms of the agreement with Guru Land, herein, is non-exclusive, the Author or Publisher is free to Publish, license, market and sell their work elsewhere so long as the Author or Publisher is not violating someone else’s agreement or violating any laws.
- Publication.Guru Land will generally Publish any such submissions which do not violate, or which do not appear to violate the Agreement.
2a. Publication of Work As Is. Generally, Guru Land will Publish Author’s Work as it is delivered to us, and not edit or modify the Work. Certain modifications may occur caused by file or design conversions. Guru Land does not guarantee the accurate preservation of the original Work’s formatting.
2b. Publication at Option of Guru Land. Guru Land may decide not to Publish Author’s work or may decide to discontinue its publication of Author’s work for any reason, and no reason need be provided. Except in the cases of gross violations of this Terms of Service, Guru Land will make every attempt to provide reasonable notice to the Author via email, up to and including providing instructions on how to remedy potential issues that might prevent Guru Land from listing a title.
2c. How to “Unpublish" Works from Guru Land. Guru Land may Publish the Work until Author of the Work decides to unpublish the work (to unpublish, Contact us). If author is unable to access the site, the author may notify Guru Land in writing to remove the Work. After that notice, Guru Land will remove the work from GuruLand.net within five business days. Guru Land will do its best to assist authors and publishers to have their works removed, and to ensure authors/publishers who terminate their Guru Land accounts receive full payment for sales that may occur after account termination.
3a. Removal of Infringing or Defamatory Work of Author. Guru Land takes claims of infringement seriously and may take immediate action upon notice from someone claiming to be an Infringed party and pursuant to our DMCA policy [see policy at end of this document]. Generally, upon receipt of a written notice from a party infringed or defamed by Author’s material (or someone purporting to be his agent, publisher, attorney in fact or assign), Guru Land will remove the Author’s Work and reserves the right to remove any and all information about the Author, the Author’s Work or the publisher from the Site.
3b. Infringement by Others Upon Author’s Work. If an Author or copyright holder learns that a third party is violating Author’s copyright or pirating or illegally distributing a Guru Land-published work, the Author shall inform Guru Land; however, it is the Author’s responsibility to seek relief from the offending parties. If that work is published on Guru Land, Guru Land will remove it per section 3a above.
3c. Rights Clearances and Other Legal Matters. It is Author’s responsibility to secure permissions to the Work prior to the time Author submits such work if any material from the work belongs to, or has been licensed to, someone else.
- Copyright. The copyright in the Work shall belong to the Author or the party that Author cites as the copyright holder. The author shall be solely responsible for filing its copyrights and any other intellectual property with the appropriate governmental body. It is the Author’s responsibility to place a copyright notice on the copyright page or some other prominent place in the Work.5. Formats of Digital Conversions. The author shall submit their Work as a Microsoft Word .doc file. Guru Land shall utilize its proprietary Meatgrinder technology to convert the book into multiple ebook formats, and publish the work for use in sampling, distributing and selling the work. The author/publisher is not authorizedto independently sell or distribute Guru Land-generated file conversions outside of the Guru Land site or Guru Land distribution network without first receiving written permission from Guru Land (in other words, you cannot use Guru Land as a free file conversion service so you can sell the files elsewhere). You acknowledge that if you violate this requirement, you may forfeit any accrued earnings at Guru Land, and your account may be deleted without notification.6. Royalties. So long as the proper copyright protection subsists in the Work, no infringement notices have been filed, and revenues directly attributable to the Work are being collected by Guru Land, the Author and/or publishing party shall be entitled to the following payments:
6a. Royalty Rates. The proceeds to the author or publisher will vary based on the sales outlet and the method of the sale. For retail sales that originate at GuruLand.net, Guru Land pays authors/publishers 60% of the net proceeds from all sales. For Consulting services, Guru Land pays the Consultant 80% of the net proceeds from all Consulting sales.
6b. Electronic Editions. Guru Land agrees to pay the Author or Publisher (whoever uploaded the content) up to sixty percent (60%) of net proceeds received by Guru Land through the sale or licensing of your work (“List Price”).
6c. Free Copies. As administrator of your work, Author may use the Guru Land platform to distribute complimentary copies of the work, or personally email free files to people, even when you are generally charging a fee. However, Guru Land files cannot be mass-distributed via download at blogs, websites or other retailers outside the Guru Land network.
6d. Promotional Rights. Guru Land shall have the right to distribute samples of the Work in any form of media, including printed media, in order to promote (a) the author or author’s Work and/or (b) the Guru Land service. These samples will be licensed for free, non-commercial use, duplication and sharing, and will comply with the sample percentage authorized by the Author.
6e. Crawlable or Other Searchable Rights. Guru Land shall have the right to drive traffic to the Author’s Work on the Guru Land Site through (a) general Search Engine Optimization services (b) crawlable, promotional hypertext links or (c) arrangements with third parties which make searchable certain sample portions of the Work. In the event that revenue is realized by Guru Land from this arrangement, it shall be treated as an electronic edition under Section 6a.
6f. Other Subsidiary Rights. Other than stated above, Guru Land, in its current version, shall only Publish electronic versions of the Work, and keeps no other subsidiary rights to the Work including hardcover or paperback editions, audio editions, multimedia editions, theatrical editions, first and second serial rights or media rights other than the electronic version distributed on our Site. Therefore, if another publisher will allow you to keep electronic rights to the Work, you may continue to Publish the Work electronically while publishing a printed version of the Work with a print publisher. These rules are subject to change from time to time, upon electronic or other notice to the End-users and any other users.
- Author-Controlled Terms. The Site allows Author to control pricing, distribution channels, sampling rights and output formats. Guru Land may extend author control in the future. All Premium Catalog books are automatically opted into all new and existing distribution channels. In all instances, prior to activating a new distribution channel, Guru Land will provide authors and publishers at least 48 hours advance notice to allow time to opt out from the new distribution channel if they choose. This advance notice will generally be provided through Site Updates, and to subscribers of author/publisher alerts, and other promotion.8. Statements and Payments of Author Royalties:
Although Guru Land will refer in this agreement to “Royalties” for the sake of simplicity, payments to authors and publishers in the eyes of the IRS are usually considered “other income.” Guru Land pays author (or Author’s Agent) and publisher earnings on a monthly basis, and never later than 60 days following the close of each calendar month. Payments to authors are based on the accrued balance earned as of the last day of each calendar month, and this accrued balance is based on actual payment to Guru Land by the customer. Authors will receive notification of real-time sales. Payment of Author royalties will be made via PayPal. It is the author’s responsibility to ensure their payment settings are complete and accurate, otherwise, payments may be delayed until the issue is resolved and verified. PayPal users, for example, must open and maintain of their own account at PayPal prior to providing their PayPal address to Guru Land. If the author selects the PayPal payment method, it is their responsibility to provide a PayPal address that can accept payments. For example, PayPal will not allow Guru Land to remit payments to PayPal accounts in Nigeria. Paper checks require accrued earnings of $75.00 or more. For PayPal, the payment threshold is one penny effective. If accrued author’s, agent’s or publisher’s aggregate earnings are less than the one penny threshold for PayPal or less than the $75.00 threshold for paper check payments, Guru Land will delay payment until such monthly period as the total earnings due meet the threshold. If Guru Land overpays earnings, such as in cases when fraudulent or unauthorized purchases are charged back to Guru Land after earnings payments are made, then Guru Land will deduct the funds owed from the author’s, agent’s, or publisher’s aggregate accrued earnings. If the amount owed exceeds the author’s, agent’s, or publisher’s aggregate accrued earnings, the author (or agent or publisher) agrees to remit a payment back to Guru Land within 20 days of notification to adjust the overpayment. Sales transacted at the GuruLand.net website are reported in real time. Note that most daily sales reports from sales channels are not yet final and are best utilized for trend analysis purposes only.
8a. Tax withholding: The United States Internal Revenue Service (IRS) requires Guru Land to collect tax certifications from all authors and publishers and withhold all required taxes. All authors and publishers must complete the online Form W-9, Form W-8BEN or Form W-8BEN-E before royalty payments can be made. For US residents and US businesses, Guru Land requires a valid SSN or EIN, and US postal mailing address. If US-based authors and publishers do not provide valid tax id information, then the IRS requires Guru Land to withhold 28% of earnings which Guru Land must remit to the IRS within days of transacting the payments to authors/publishers. For authors and publishers outside the US, the automatic withholding rate is 30%. Many countries have tax treaties with the United States that entitle residents and businesses located in these countries to receive either partial or full exemption from the 30% tax withholding. To qualify, authors and publishers should find out if their country has a tax treaty (see the Support Center link below) with the US. If a tax treaty is in effect, the author or publisher may be required to provide their US ITIN/EIN or their foreign tax identification number. For foreign authors and publishers, the Form W-8BEN and Form W-8BEN-E are valid for three (3) years only after which a new form will need to be submitted. Contact us to learn more.
8b. Account security: As an author, publisher or agent, you are responsible for controlling access to your Guru Land account. When you sign up for a Guru Land account, you will provide Guru Land an email address and a password as your login credentials. By publishing with Guru Land, you acknowledge your responsibility to choose a secure email/password combination, and it is your responsibility to keep this email/password combination private and secure and to update your password as needed to maintain account security. Guru Land cannot be held responsible if authors use insecure email/password combinations that allow cybercriminals to log into their account to steal author earnings. Although Guru Land has implemented multiple security layers to reduce the likelihood of attacks, such attacks cannot be reliably prevented in the future unless authors use secure email/password combinations. We advise all Guru Land users to follow these best practice precautions to maintain secure control over their Guru Land accounts: 1. The email/password combination you provide to Guru Land must be unique; do not use the same password at Guru Land that you have ever used at any other website, because if that site was ever hacked you can assume that cybercriminals may decide to use those same login credentials to access your Guru Land account. 2. In addition to choosing a unique password that you’ve never used elsewhere, choose a password that cannot be guessed. Avoid using easily guessable phrases, or short passwords that are words only. Consider using a password management app or tool that can generate and manage unique and robust passwords that are impossible to guess. 3. Monitor your Guru Land payee settings and alert Guru Land immediately if you detect any unauthorized modifications to your payee name, your payee mailing address or to your PayPal payment address. 4. If you regularly receive monthly Guru Land payments but then suddenly a payment goes missing, and then upon checking your payment settings you discover your payment was redirected to someone else without your authorization, contact Guru Land immediately so we can try to help you recover the funds. Although we cannot guarantee recovery once the funds have left Guru Land, we will take all reasonable measures to help you. 5. To learn if any information such as previously used passwords attached to your email address has been known to be stolen elsewhere on the internet, a good free service (operated by a former Microsoft employee) can be accessed at https://haveibeenpwned.com/. Most email addresses will turn up in that database, the fact of which underscores the critical importance for Guru Land authors and publishers to choose and use a unique and secure password at Guru Land. 6. As the author or publisher, your account is tied to your email address. If you need to change or update your email address, it is your responsibility to contact Guru Land to change the email so that you can maintain control and security over your account. For your security, Guru Land will send an email receipt confirming the change to the new email address and the old email address.
- Author and Publisher Warranties. The warranties and representations contained in this Agreement extend to the Author and its licensees and successors and assigns. By uploading content to Guru Land, you agree that any violation of the warranties below may result in immediate closure of your account and the forfeiture of accrued earnings.
9a. By submitting Your Work to Guru Land for publication, you, warrant that you are the author or exclusive publisher or designated author or publisher agent and you warrant and represent that the work (the book) is complete and the author:
- is the only author of the Work;
• is the sole owner of the rights herein granted;
• has not assigned, pledged, or encumbered such rights or have not entered into any agreement which would conflict with the rights granted to Guru Land herein; and agrees not to do any of the aforementioned without first unpublishing the work at Guru Land
• has full right, power, and authority to enter into this Agreement and to grant the rights granted herein.
9b. You further warrant that the Work contains no materials which:
• violate any right of privacy which is libelous or violate any personal right or other right of any kind of any person or entity (this includes publishing a person’s private email address without their permission);
• would violate any of Your contracts or would disclose any information given to You on the understanding that it would not be published or disclosed;
• plagiarize or pirate any other work or infringe upon any copyright, trademark or other proprietary right;
• Are injurious to End-Users or others including but not limited to recipes, formulae or instructions
• are defamatory to any person or entity
• violate the publicity rights of another person or entity
• violate state and federal laws.
• advocates hateful, discriminatory or racist views or actions toward others
• advocates or condones violence against another person, whether or not the other party is a willing participant
• advocate illegal activities
• advocates the use of Private Label Rights (PLR) content to make money on the Internet, or the modification of such content for the creation of Internet content
• contain images or illustrations depicting individuals perpetrating graphic violence upon another individual or individuals
• contain hyperlinks to affiliate marketing pages, especially if the ebook is published for the sole intent of publishing hyperlinked content that directs readers to affiliate marketing pages
• advocate or promote “systems" about how to make money on the Internet by publishing ebooks
• advocate or promote “get-rich-quick" schemes and systems
• contains SEO keyword spam, either in your manuscript or your metadata tags
• contains advertisements for products or services, or is intended to act as an advertising or upselling vehicle for products or services
• contains incomplete information and prompts the reader to access external resources or services that require registration or payment
• is an incomplete book for the purpose of promoting the purchase of the complete book elsewhere or on Guru Land. Books priced at FREE are held to this same standard.
• makes false, misleading or inaccurate claims or promises in the book or book description
• is not the same book you previously published at Guru Land, then republished as a new book for the sole purpose of having it appear as a new book again. You must upload all new versions of previously published Guru Land books as new versions.
• use deceptive metadata designed to trick customers to think they’re purchasing one author’s book when they’re actually purchasing another.
9c. You further warrant the book meets the following standards for originality:
• this is not a public domain work;
• the book does not include word-for-word scrapes – or is not a compilation – from Wikipedia or other public domain, government or commercial services;
• your books do not and will not appear elsewhere on the Internet authored by people other than yourself or by pen names (pseudonyms) different from your pen name at Guru Land;
• none of your book content, either in part or in its entirety, is sourced from “Private Label Rights" articles (a.k.a. “PLR"), article “spinners," books rewritten from PLR, or ebooks or information sources which license the same content to other people;
• you’re not uploading generic, undifferentiated works (such as “101 Household Cleaning Tips"). If it’s not 100% original, or if it looks like PLR, it’s not allowed on Guru Land.
• does not contain or comprise machine-generated language translations (all translated books must be human-translated and edited, not translated by language translation software such as Google Translate).
9d. You further warrant the book represents a complete work:
• this is not an unfinished work-in-progress;
• the uploaded file is not a partial sample or sample chapter, or is not a collection of sample chapters, or not simply a catalog advertising other books or products
• the work is complete and self-contained, and does not try to upsell the user to purchase, or register for, access to information that should have been contained in the book;
• the title meets the definition of “book" or “story." Short incomplete ramblings or works that read more like brochures than books are not allowed.
• the uploaded book represents a complete story with a beginning, middle and end. Exception: Serials are allowed. Each serial cover image should be different, even if the only difference is a notation on the cover image about the serial’s position or episode number in the series. To avoid customer confusion, we recommend it should be clearly identified as a serial in the book description and the serial episodes should be linked together on Guru Land.
9e. Accuracy of Payment Settings page information
When you establish your account at Guru Land, you will complete a Payment Settings page (located under Account: Payment Settings) which collects information to satisfy IRS-mandated tax compliance requirements.
- You acknowledge it is your responsibility to keep your Payments Settings page updated with accurate information.
- You acknowledge that incorrect information may prevent or delay royalty payments.
- You acknowledge it is strictly prohibited to knowingly enter false information when certifying your tax status. Deliberate attempts to subvert IRS rules and regulations – by entering false information to gain preferential tax treaty status or reduced tax withholdings – may lead to immediate account closure and forfeiture of earnings.
- End Users. “End-Users” include authors, publishers, and customers. Customers are those who pay whichever fee is set by the Author to purchase or download a Work. Customers are allowed to use each copy of the Work for their personal enjoyment in any reasonable non-commercial manner in compliance with copyright law and pursuant to this Agreement.
10a. Rights of Use.
1. Purchased works: As End User, you acknowledge that all Work furnished by Guru Land is licensed for the use of the End Users of the Site and may not be sublicensed or resold. If you purchase a work, you hold a non-exclusive, non-transferable, and non-distributable right of use. In other words, you are free to enjoy it for your own use, but you are not authorized to share, sell, or distribute the work to others.
2. Free works including sample works: Free works and sample works published at Guru Land are the copyrighted material of the author or publisher, and therefore are not authorized for redistribution without prior written consent from Guru Land. Third parties are not authorized to download, host and otherwise redistribute Guru Land books without prior written agreement from Guru Land. Directory services and affiliate marketers may reproduce the metadata information found on each book’s book page (cover image, book description, price, etc.) provided hyperlinks direct visitors to the Guru Land book page, and provided users are not charged for access to these listings, and are not required to register their personal information to gain access to these listings.
10b. Fees and Services. By using the Site the End User ebook customer is agreeing to pay the fees as presented by Guru Land and set by the Author or Publisher at the time of purchase. The Author sets the price for their individual Works. End User will have an opportunity to review and accept the fees for the purchase End User is requesting prior to payment. All purchases are final and non-refundable. The Site may change pricing policies and fees for services we provide at any time from time to time and changes shall be effective immediately. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your use of the Site.
10c. Author, Publisher and Customer Conduct. Guru Land and its users work together to keep the Site working properly. Please report problems and policy violations to Guru Land. The warranties and representations contained in this Agreement extend to End Users and other licensees and successors and assigns of Guru Land. While using the Site, Services or Work, End Users agree to not:
• violate any laws, third party rights, or any policies which we have posted on the Site from time to time;
• upload any material which violates this Terms of Service;
• use the Site, Service or Work if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
• circumvent or manipulate our fee structure or the billing process;
• use robots, spiders, shills or other methods in an attempt to unfairly game the site’s ranking systems for downloads, reviews, and sales, or hire others to do the same
• engage in advertising, marketing, spam, chain letters, pyramid schemes or money laundering involving or using the Work from the Site;
• use Guru Land book reviews for any other purpose other than to leave a legitimate book review, i.e. marketing or advertising other products or services, or using reviews as a method of contacting authors
• distribute viruses, malware or any other technologies that may harm Guru Land or the interests or property of Guru Land users;
• copy, modify, or distribute content from the Site, or Guru Land’ copyrights and trademarks;
• engage in abusive or profane behavior toward Guru Land, its employees, its authors, fellow users or retail partners; or
• threaten Guru Land or Guru Land retail partners with legal action due to inaccurate book listings or failure to remove books in a timely manner (Contact us to learn the process of correcting errors).
Without limiting other remedies, we may limit, suspend, or terminate the Guru Land member accounts, revoke earnings, prohibit access to our Site, demand return or destruction of any Work improperly taken or used from the Site or Service and take technical and legal steps to keep users off the Site if we think that they are creating problems or legal liabilities, or acting inconsistently with the letter or spirit of our policies.
- Ownership. You acknowledge and agree that the Guru Land Site and Service are proprietary to Guru Land and that the Work is proprietary to the Author; that none are proprietary to End User.12. Termination. Either party may terminate this Agreement at any time without notice. Registered Guru Land members may cancel their membership at any time, and published Guru Land authors may unpublish their book listings at any time. However, purchased books will not be removed from customers’ accounts, either at Guru Land or at Guru Land-supplied retailers.13. Indemnification.
13a. General. You (Author, Publisher or End User) agree to indemnify and hold Guru Land and its licensees, successors and assigns, and its and their distributors, customers, officers, directors, members, employees and agents, harmless against any expense (including, but not limited to, reasonable attorneys’ fees and disbursements) or judgment, settlement or other liability arising out of any claim or legal proceeding asserting claims contrary to any warranty or representation made by You in this Agreement.
13b. Notice of Claim. Upon receiving notice of any claim, demand, action or suit or other legal proceeding alleging facts inconsistent with or contrary to any of the warranties or representations contained in paragraph 10, Guru Land shall have the right to withhold any sums payable to the Author in reasonable amounts as security for the payment of the Author’s potential obligations pursuant to the indemnity contained in this paragraph 13. It is intended that the right granted by this subparagraph 13b shall not be unreasonably or frivolously exercised by the Guru Land.
- Disclaimer of Publisher’s Warranties.
14a. DRM, Piracy and the “Trust” System. Guru Land is a strong proponent of author’s rights, and the right of authors and copyright owners to receive compensation for their digitally published Works. Therefore, Guru Land strongly discourages piracy/infringement of Author Work and encourages customers to purchase licensed copies. However, Guru Land does not publish works containing digital rights management schemes that limit the customer’s ability to consume Author’s Work as they see fit. Therefore, Guru Land cannot completely prevent piracy/infringement of Author’s Work (the reality of the matter is that even DRMed content can be reproduced and pirated, just as easily as a printed book can be scanned and digitized). When Author lists the Work on Guru Land you are trusting the consumer to honor your legal copyright and abide by the licensing terms you set. There is a growing body of evidence indicating that DRMed Works do not sell as well as non-DRMed Work because customers resent limitations and don’t appreciate being mistrusted. Non-DRMed Works often outsell DRMed Works by leveraging the viral nature of uninhibited sampling and sharing which can dramatically increase your total audience and sales opportunities. There is also evidence that by pricing your Works for less than printed equivalents, you can further decrease piracy and increase sales volume. You understand that Guru Land is distributing the Works according to this so described Trust system.
14b. Events Voiding Warranty. Guru Land does not warrant the (a) defects caused by failure to provide a suitable installation environment for the Product, (b) damage caused by disasters such as acts of God, wars, riots, strikes, terrorism, governmental restrictions, fire, flood, wind, and lightning, (c) damage caused by unauthorized attachments, modifications or mis-configurations to the Guru Land Environment, or (d) any other abuse or misuse by Author or the End-Users. Any breach of the End-User License Agreement by or on behalf of an End-User, including, without limitation, unauthorized modification or distribution of the Product or any portion thereof, will void any and all warranties.
14c. WARRANTY DISCLAIMER. All Works and the Service is provided to End Users “AS IS” and “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE SELECTION AND USE OF THE GURU LAND SERVICE OR ANY MODIFICATIONS THERETO OR THE WORK IS WITH AUTHOR AND END-USERS. GURU LAND DOES NOT WARRANT THAT THE PRODUCT OR MODIFICATIONS WILL MEET THE REQUIREMENTS OF END-USERS. TO THE EXTENT THAT GURU LAND MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE, AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
14d. LIMITATION ON DAMAGES. IN NO CASE SHALL GURU LAND BE LIABLE TO AUTHOR OR END-USERS, OR ANY OTHER THIRD PARTY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND. IN NO CASE SHALL GURU LAND OR ITS RETAILERS BE LIABLE FOR ERRORS OF ANY KIND THAT RESULT IN SHIPMENT OR AVAILABILITY DELAYS, MISPRICINGS, OR INACCURATE OR INCOMPLETE PRODUCT LISTINGS. It is the Author/Publisher’s responsibility to monitor listings and report errors to Guru Land, in which case Guru Land on a best efforts basis will strive to correct the error. In the event that Guru Land is found liable for any damages related to retailer listings, for any reason whatsoever, Author hereby expressly agrees that in no event will Guru Land’s liability to Author exceed the amounts collected by Guru Land for the Author’s book in question. Furthermore, as outlined in section 8b above, in no event can Guru Land be held liable for damages or lost earnings caused by the author/publisher’s failure to maintain robust and secure account login credentials.
15a Entire Agreement. This Agreement is the entire agreement between the parties concerning the subject matter hereof.
15b Governing Law; Severability. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Washington. If any portion of this Agreement is held invalid, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
15c No Agency. No agency, partnership, joint venture or other joint relationship is created hereby.
15d Legal Action. the venue for all purposes hereunder shall be in King County, Washington, and the parties hereto hereby consent to such jurisdiction and venue. If any action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs, and disbursements (in addition to any other relief to which the prevailing party may be entitled).
15e Acknowledgement. By using the Service you acknowledge that you have read this Agreement, understand it and will be bound by its terms and conditions.
Our Services are provided “AS IS.” and “AS AVAILABLE” basis. DCB Ventures LLC DBA Guru Land and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DCB Ventures LLC DBA Guru Land, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
DCB Ventures LLC DBA Guru Land reserves the right, at our sole discretion, to modify or replace these Terms at any time.
If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.
If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.
Your continued use of our Services will be subject to the new terms.
Third Party Services
In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”).
If you use any Third Party Services, you understand that:
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
- You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.
We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate the Agreement or your DCB Ventures LLC DBA Guru Land account, you may simply discontinue using our Services.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and the year upon which the Author first approved such Terms of Service.
Spam Policy and Enforcement
Guru Land authors are prohibited from promoting their works via spam email (sure signs of spam: false “senders" or “reply to" addresses, inoperable or nonexistent unsubscribe/remove options, multiple receipts of the same email, superfluous text designed to confuse spam filters, and misleading subject lines). Guru Land authors who are found to be spamming will risk termination of their account, removal of their works and forfeiture of accrued earnings. If you believe you have been the recipient of a spam email from a Guru Land author, please forward the entire email message, with full headers on, to Guru Land at support at Guru Land dot net.
Guru Land Email Policy
Guru Land does not engage in spam, nor does it share, rent or sell the personal contact information of its members with third parties. Only in the event that a customer specifically requests that Guru Land share their email address with an author or publisher will Guru Land do so, and Guru Land will only do so if the author or publisher has digitally signed an email privacy pledge which the customer can review before deciding if they want to make such a request to share their email address.
As part of the signup process for Guru Land, you must give Guru Land permission to contact you via email. This is necessary for us to perform our service for you. For example, if you purchase an ebook, we need to email you a receipt and download links. If you publish a book, we need to inform you of your book’s status and of new marketing opportunities.
Guru Land is committed to honoring your trust, your time and your interests by limiting the frequency of communications to a reasonable level, ensuring that communications are relevant to your expressed interests, and ensuring you always have the ability to opt out of communications. After registering for a Guru Land account, users can manage their email communication preferences.
Guru Land sends various email communications to authors and publishers who publish books and to customers who purchase books. These email alerts may include purchase confirmations; review reminders; occasional service updates; book status updates; notifications of merchandising and promotional opportunities for authors, and Guru Land Alerts which provide readers opt-in notification of new book releases from their favorite authors; or other forms of email communications. Guru Land may introduce new categories of alerts or discontinue prior alert categories without advance notice.
In all cases, Guru Land will endeavor to honor the time and interests of our members.
Digital Millennium Copyright Act (DMCA) Notice Policy
Guru Land is a distributor and does not own the works uploaded to Guru Land. When authors, agents or publishers upload material to Guru Land, they certify to Guru Land their agreement to this Terms of Service, in which they certify they are legally permitted to upload such works. Allegations of copyright violations against Guru Land authors, agents and publishers are extremely rare. Nevertheless, Guru Land maintains a zero-tolerance policy regarding copyright infringement and we welcome infringed parties to notify us if they believe their material is being distributed by Guru Land.
If you feel that content posted on the Guru Land Site infringes on your copyright(s), please immediately contact the Guru Land support team by clicking the “Contact Us" link at the top of any page.
If Guru Land takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent known email address.
To help us help you, infringement notices should include; (1) An electronic signature and full name, address, phone number and email address of the copyright owner and the person authorized to act on their behalf; (2) An identification of the copyright claimed to have been infringed; (3) the location and nature of the content that Infringed party claims to have infringed upon its copyright, in sufficient detail to permit Guru Land to identify that content, such as a direct hyperlink to the infringing book listed at Guru Land; (4) hyperlinks, if available, to the original author’s (the infringed party) work to help Guru Land investigate and support your case; (5) and a statement by the Infringed: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and (c) a statement that you are either the copyright owner or a person authorized to act on their behalf.
Upon receipt of a written notice from a party infringed or defamed by Author’s material (or someone purporting to be his agent, publisher, attorney in fact or assign), Guru Land may remove the Author’s Work and reserves the right to remove any and all information about the Author, the Author’s Work or the Publisher from the Site. Guru Land may allow corrected or legally vetted versions of the purportedly infringing or defamatory Work to be posted again, (1) with a stipulation between the parties that they have resolved their dispute, (2) a court order or (3) a certification by an independent attorney in whose professional opinion states that in the current version, the infringing material of which the purportedly infringed party has complained has been removed from the Work.
Thank you for reading. Contact the Guru Land support team if you have questions or comments. We welcome your feedback.
Guru Land Corporate Office Address:
DCB Ventures LLC, DBA as Guru Land
400 NW Gilman Blvd. Unit 110
Issaquah, WA 98027