Terms Of Service

1. ACCEPTANCE OF TERMS
Guess Now and its direct and indirect affiliates (‘Guess’) welcome you. Guess provides its service to you subject to the following Terms of Service (‘TOS’), which may be updated or modified by us from time to time without notice to you. You can review the most current version of the TOS at any time at Terms of Service. In addition, when using particular Guess owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be updated or modified by us  in our sole and absolute discretion from time to time without notice to you. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE
Guess provides users of its website the opportunity to win money and other prizes by correctly guessing the outcome of future events (the ‘Game’), and also provides personalized content and branded programming through its network of properties which may be accessed through various mediums or devices now known or hereafter developed (the ‘Service’).

You understand and agree that the Service may include advertisements and that these advertisements are necessary for Guess to provide the Service. You understand and agree that the website includes these advertisements and that these communications are considered part of Guess membership. You further understand and agree that the Service may include certain communications from Guess or other third parties, such as advertisements, service announcements and administrative messages, and that these communications are considered part of Guess membership and you will not be able to opt out of receiving them unless you specifically request to opt out: OPT OUT BY CLICKING ON THIS LINK.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Guess properties, shall be subject to the TOS.You understand and agree that the Service is provided ‘AS-IS’ and that Guess assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service

3. FINANCIAL TERMS AND RULES
You may be eligible for a bonus of $5.00 as an added incentive for becoming a user of our website. You will be eligible for this bonus if (a) you are a U.S. resident and (b) you have achieved a $25.00 balance in your account. Guess will make payments to all parties that qualify for REDEMPTION (an account balance of $25..00 worth of points or more) on the 15th day of the month following the date the request was submitted for such redemption.

You agree that if you select to redeem the points you have earned into cash, that such redemption will be only via PayPal. If you do not have a PayPal account, you will be required to establish one to redeem your points. Guess will not issue you cash in any other way whatsoever. Payouts are limited to US and Canadian residents. Utah residents are also not eligble for payouts.

As indicated in Section 1 of this TOS, you hereby agree that the Services are offered by Guess pursuant to any posted guidelines or rules. You hereby further agree that Guess has the sole and absolute discretion to determine the rules of the Game, whether or not posted, including, but not limited to, the point value assigned to a particular question (and the fluctuations associated with such point value) and the reference source used to determine the correct answer for a particular question. Please be aware that if you have not accumulated at least 25$ in total points (including the 5$ bonus) and redeemed same within 90 days of registration to use the Service, the $5 bonus will be subject to forfeit at the sole discretion of Guess Now.

4. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the ‘Registration Data’) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Guess has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Guess has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

5. GUESS PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy . You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Guess and its affiliates.

6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will select a user name and password upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the user name and password and are fully responsible for all activities that occur under your user name and password. You agree to (a) immediately notify Guess of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Guess cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

7. MEMBER CONDUCT
You agree to not use the Service to:

• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
• 'Stalk' or otherwise harass another;
• Install or run viruses, cookies, worms, logic bombs, Trojan horses, or similar malicious instructions, techniques, or devices; and /or
• Collect or store personal data about other users.

You agree that you must evaluate, and bear all risks associated with, the use of the Service, including any reliance on the accuracy, completeness, or usefulness of the Service. In this regard, you acknowledge that you may not rely on any shall mean all works of authorship in any form, including but not limited to text, information, graphics, photos, art, images, illustrations, maps, audio, video, lyrics, animation, slides, code, scripts, designs, and any and all other visual, audio and audiovisual media works now existing or hereafter developed (“Content”) created or provided by the Service.

You acknowledge, consent and agree that Guess may access, preserve and disclose your account information in its sole discretion subject to its Privacy Policy.

You understand that the technical processing and transmission of the Service may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Guess and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

8. INDEMNITY
You agree to indemnify and hold Guess and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Guess ID), use of the Service, or access to the Service.

10. GENERAL PRACTICES
You acknowledge that Guess may establish general practices and limits concerning use of the Service. You acknowledge that Guess reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that Guess reserves the right to modify these general practices and limits from time to time.

11. MODIFICATIONS TO SERVICE
Guess reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Guess shall not be liable to you or to any third party for any such modification or discontinuance of the Service.

12. TERMINATION
You agree that Guess may, under certain circumstances and without prior notice, immediately terminate your Guess account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity and/or (g) engagement by you in fraudulent or illegal activities. Termination of your Guess account includes removal of access to all offerings within the Service and barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Guess’s sole discretion and that Guess shall not be liable to you or any third party for any termination of your account or access to the Service.

13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service or those advertised via an email from Guess, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Guess shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with advertisers.

14. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Guess has no control over such sites and resources, you acknowledge and agree that Guess is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Guess shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, advertising, products or other materials available on or through any such site or resource.

15. GUESS'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (‘Software’) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Guess or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Guess grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Guess for use in accessing the Service.

16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. GUESS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• GUESS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GUESS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, ADVERTISERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GUESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

19. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS.

20. NOTICE
Guess may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

21. TRADEMARK INFORMATION
Guess trademarks and service marks and other Guess logos and product and service names are trademarks of Guess (the ‘Guess Marks’). Without Guess’s prior permission, you agree not to display or use in any manner the Guess Marks.

22. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Guess and governs your use of the Service, superseding any prior agreements between you and Guess with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Guess services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and Guess shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Guess agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida.

Waiver of Severability of Terms. The failure of Guess to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.