Terms & Conditions

Effective Date of Current Policy: May 23, 2018

We're excited that you're interested in sharing materials with GuessTheTest.com for potential use on our website, in our publications, and through media, including on social media.

This policy document lets you know about your rights when sharing materials with us for publication and outlines any restrictions about use.

Submitting material to us doesn't guarantee we'll use it, but we aim to provide you with valuable brand exposure, when possible. Our objective is to support the marketing community by sharing information and education.

We may choose to use your information in derivative works including, but not limited to, industry presentations and in other GuessTheTest.com publications.
Whenever possible, we'll include your credits, but cannot always guarantee that we'll be able to do so, due to format restrictions.

Terms & Conditions
Guess The Test operates the website located at www.GuessTheTest.com (the “Site”). The use of the Site is subject to the following terms and conditions (the “Terms”).

Please read these Terms carefully.

By using this Site, you agree to these Terms as well as any other terms, guidelines, or rules that apply to any portion of this Site, without limitation or qualification.

If you do not agree to these Terms, you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you have any questions about the Terms, please contact us at customersupport@guessthetest.com.

Privacy
We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. You can access our Privacy Policy here.

Comments & User Generated Content Usage
If you use our forms to post comments, suggestions or to join the public conversation on this Site, your email will not be publicly posted.
Your submission itself may be moderated by our editorial staff prior to posting.

Subject to these Terms, we will not change or edit the body of your posting, unless you include an external URL in the comment.

We will remove third-party URLs from comments.

We will delete or refuse to publish a comment it if it appears to be on a completely unrelated topic, self-promotional, a duplicate posting, otherwise spammy in nature, or contains inappropriate language or content.

You are wholly liable for the contents of your posting.

By posting the comment on our Site, you give us the assignable and sub-licensable rights to use, publish or republish it in any format we desire at any time we wish without contacting or compensating you.

Content Submitted to Guess The Test
When you submit content to Guess The Test, including, but not limited to case studies and guest articles, you certify that you have the right to reveal this information — including creative samples, test background, and data — and to submit it for publication by Guess The Test.

By submitting an entry you agree that:
(i) Guess The Test owns all rights, titles, and interest in and to all tests, and related content – to the extent any rights do not vest in Guess The Test, or any pre-existing rights exist, your submission thereby grants Guess The Test the non-exclusive, transferable, perpetual right to distribute, publish and use all information and content submitted, and any related or derived content, in any medium for any purpose;
(ii) You represent that you have received all necessary permissions and rights from your clients/partners to submit this test and grant the above rights and agree that this allows all materials to be publicaly shown on GuessTheTest.com’s website and broadcasts, or used in case studies;
(iii) You acknowledge that you are submitting original content, not otherwise published elsewhere, unless otherwise discussed and are not infringing on any third party rights;
(iv) You declare the information to be accurate and factual and that it is not fabricated or falsified in any way.

For any submissions, if you clearly request, in writing, at the time the information is provided to our editors, we will withhold from publication specific results data.

We will take effort to honor reasonable restrictions you may choose to place on the use of the submitted information, including using information for background material only, or limiting the data to our published newsletter only, provided those restrictions are clearly communicated at the time the information is provided.

Notwithstanding the foregoing, we reserve the sub-licensable, assignable rights to publish, to create derivative works from, or otherwise use your submitted creative samples, test information, and results in any format for any purpose we desire at any time we wish, without contacting or compensating you.

We do make a significant effort to credit the sources, agencies, technology vendors, and brand names behind each test we publish or cite information about both during original publication and in derivative works. Whenever possible, we also include links to the brands’, vendors’ and agencies’ websites or informational profiles on our site. However, we do not promise such attribution as it will not always be possible, or appropriate, within the restrictions of a media or presentation format.

Fair Use & Copyright
Images of people, places and/or products posted on this Site are either the property of Guess The Test, or are used by us with express permission.

Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Guess The

Test and is protected by Canadian and international copyright laws.

The compilation of this Site is the exclusive property of Guess The Test and is protected by Canadian and international copyright laws.

Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

You may quote text from any of these sources directly, including our articles and commentary, provided that you give proper citation showing the source to be GuessTheTest.com and use the text for non-commercial purposes.

Otherwise, you may use the materials or content on this Site only with our prior written and express authorization.

You may not produce derivative works based on our work or format. You can request written permission to use materials or content by contacting customersupport@guessthetest.com with the details of what you’d like to reproduce and how it will be used.

Linking to Guess The Test
You are encouraged to link to any publicly available piece of content on this Site directly.

Links to Other Websites
Please be aware that we are not, and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web sites linking to this Site.

Adult Usage
This Site is designed for and intended for use by adults.

If you are under 18, you may use this Site only with involvement of a parent or guardian.

If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care.

You agree to be responsible for their use of this website.

Digital Millennium Copyright Act
Guess The Test expects all users to respect the intellectual property rights of others.

Guess The Test may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer.

If you believe a work protected by copyright that you own, and has been posted on this Site without authorization, you may notify customersupport@guessthetest.com


DISCLAIMER

ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GUESS THE TEST DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY GUESS THE TEST, OR BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, GUESS THE TEST DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.

Liability for our Services
WHEN PERMITTED BY LAW, GUESS THE TEST, SUPPLIERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GUESS THE TEST, ITS SUPPLIERS, AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, GUESS THE TEST, ITS SUPPLIERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Governing Law; Venue
These Terms and the relationship between you and Guess The Test shall be governed by the laws of the Province of Ontario as if you signed these Terms in Ontario, Canada.

The provisions of these Terms that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent.

The parties agree to submit to the federal or provincial courts in and for Ottawa, Ontario, Canada for exclusive jurisdiction of any dispute arising out of or related to your use of the Site or your breach of these Terms.

We Reserve the Right to Update and Revise these Terms of Use at Any Time.

From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date” date at the top of this page. Your use of our Site constitutes your acceptance of the terms of these Terms as amended or revised by us from time to time, and you should, therefore, review these Terms regularly to ensure that you are aware of its terms.

If you have any questions, please contact us at customersupport@guessthetest.com

Thank you!