Welcome to Guess & Fun (hereinafter "Website" for guessandfun.com), which is provided by Guess & Fun LLC (collectively, such entities will be referred to as “Guess & Fun,” “We,” or “Us”) to respond to you (the couple – combining you and your partner, collectively will be referred as “You,” or “Couple”) for your request in the Website (collectively will be referred as “Guess Request” or “Request”) with a prediction, estimating the probability, of your Newborn baby’s gender – a boy or a girl.
You are reading the terms of service (the “Terms”), which govern the agreement between you and us and set forth the terms and conditions by which you may submit your Guess Request in Guess & Fun. By submitting your Guess Request, You indicate Your acceptance of all the terms and conditions of this Agreement on guessandfun.com.
If you do not agree with the terms and conditions of this agreement, do not submit your Guess Request; once the button is clicked, you are bound by the terms of this agreement. The terms and conditions of this agreement are subject to change by Guess & Fun LLC.
1. Eligibility. By submitting your Request on Guess & Fun, You represent and warrant that both of You are at least 18 years old. Submitting your Request on Guess & Fun is void where prohibited. By using Guess & Fun, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. All information supplied when submitting MUST be accurate, true, and complete in all respects. You may not authorize others to use Your details to submit a Request on Guess & Fun. Guess Request result assists you with the close possibility of your newborn’s gender, which doesn’t involve any of your medical conditions. You must consult your doctor to guide you on any of your medical conditions, treatments, etc., that you may need while you plan and prepare for your newborn’s birth.
2. Term. This Agreement will remain in effect while You use Guess & Fun. Guess & Fun may terminate Your Request for any reason, with or without explanation, effective upon sending a notice to Your email address provided at request submission or to any other email address provided by You to Guess & Fun. Upon termination by Guess & Fun without cause, You shall receive a refund, pro rata, of any paid fees that Guess & Fun has received from You. If Your request with Guess & Fun is terminated by reason of violation of this Agreement, or at Your request, You will not be entitled to, nor shall Guess & Fun be liable to You, for any refund of unused fees for using Guess & Fun.
3. Non-Commercial Use by Newborn’s Gender Requestor. Guess & Fun is for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities may not become Requestors and are not entitled to use the Service or the Website/ Application for any purpose. Illegal and/or unauthorized use of the Website/ Application, unauthorized framing of or linking to the Website/ Application will be investigated, and appropriate legal action may be taken, including, without limitation, civil, criminal, and injunctive redress. You hereby grant, represent and warrant that You will not create any databases, websites, applications, software, legal entities and services competitive with Guess & Fun. You further guarantee and warrant that You will not use the Website/Application for any commercial purposes, and/or send or receive funds through the Website/Application, and/or create requests with fake requestor details. You further guarantee and warrant that You will not be paid for using the Website/Application and services, provided on the Website/Application. Such activity will be investigated. Your request may be terminated, and appropriate legal action may be taken, including, without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content. Guess & Fun LLC absolutely owns licenses or retains all intellectual property rights in the Website/ Application and the Service. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar rights, together with the right to apply for protection. Except for that information in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Your name, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owners behalf.
6. Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will Guess & Fun be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Website/ Application or the Service, as well as damages for cost of procurement of Services or Service interruptions, even if Guess & Fun knows or has been advised of the possibility of such damages. Guess & Fun is not responsible for any activities outside of our services (including, but not limited to, expenses related to planning and celebrating parties, etc.). Those expenses are your own responsibility. Notwithstanding anything to the contrary contained herein, Guess & Fun’s liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to Guess & Fun for the Guess Request.
7. Other. This Agreement, accepted upon use of the Website/ Application and further affirmed by submitting the Guess Request, contains the entire Agreement between You and Guess & Fun regarding using the Website/ Application and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Copyright © 2024 Guess & Fun LLC. All rights reserved.