1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use criticsnotebook.com or to access any of the features of this site, (the "Service"), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and Critic’s Notebook and/or its owners or proprietors (the "Web Site").
1.2 The Web site may change, add or remove portions of this Agreement at any time, which changes, additions or deletions shall become effective immediately upon posting. It is your responsibility to review this Agreement prior to each use of the Web site, and by continuing to use this Web site, you agree to any changes.
1.3 If any of these rules or any future changes are unacceptable to you, you should refrain from using or accessing the site. Your continued use of the service now, or following the posting of notice of any changes in these operating rules, will indicate acceptance by you of such rules, changes, or modifications.
1.4 The Web site may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. The Web site may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2. CONTENT
2.1 The contents of the Web site sites are intended for your personal, noncommercial use and any other use of same without express written permission from the entity authorized to grant such permission is prohibited. All materials published on the Web site (including, but not limited to news articles, reviews, directories, opinions, other text, guides, photographs, illustrations, images, advertising copy, html coding and other computer programs and software as well as the trademarks, logos, domain names, and any and all copyrightable material and/or any other form of intellectual property also known as the "Content") are protected by copyright, and owned or controlled by the Web site or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service. You may not resell, distribute, republish or otherwise transfer any of the Content available on the site. Unless expressly authorized as set out above, you may not modify, frame, reproduce, publish, sell, cache, transmit, repost or display any of the Content available on the site. You may not display or link the content with or near any other matter or item that may considered offensive, defamatory, illegal, obscene or otherwise objectionable to the Web site or the rights holder or provider of the said content. The prohibitions contained in this item shall be given their broadest possible legal interpretation. Without limited the foregoing, you agree that you will not use the Web site directly or indirectly for the purpose of (a) violating any law, ordinance or regulation; (b) posting material that is profane, vulgar, defamatory, abusive, obscene, hateful, threatening, harassing, false, misleading or fraudulent; (c) uploading or transmitting viruses or other harmful or disruptive files; or (d) using or attempting to obtain or use another’s personal or private information of any kind in any manner.
2.2 The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided elsewhere in this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from the copyright holder identified in the copyright notice contained in the Content.
3. COMMENTS
3.1 (a) You shall not upload to, or distribute or otherwise publish to the Service any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
3.1 (b) Be courteous. You agree that you will not threaten or verbally abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."
3.1 (c) Use respectful language. Like any community, the online conversation flourishes only when users feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service.
3.1 (d) Debate, but don't attack. In a community full of opinions and preferences, people always disagree. The Web site encourages active discussions and welcomes heated debate on the Service. But personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the Service.
3.2 The Service shall be used only in a noncommercial manner. You shall not, without the express approval of the Web site, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.3 You acknowledge that any submissions you make to the Service (i.e., user-generated content including but not limited to comments) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by the Web site and you waive any rights you may have to approve such edits, deletions, modifications, publishing, transmittals or displays. Submissions made to the Service may also be included in our RSS feeds, APIs and made available for republishing through other formats.
3.4 You grant the Web site a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for the Web site or any third party the Web site designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Web site, including any Submission posted on the Web site through a third party.
3.5 You are solely responsible for the content of your Submissions. However, while the Web site does not and cannot review every Submission and is not responsible for the content of these messages, the Web site reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.6 By making a Submission, you are consenting to its display on the site and for related online and offline promotional uses.
3.7 Any person involved in or affiliated with the production of a work reviewed on the Web site may not submit a Comment for that work or competing works.
4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
4.1 The Web site contains links to other related World Wide Web Internet sites, resources, and sponsors of the Web site. Since the Web site is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted by you or through you will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least 13 years old. You hereby agree to indemnify, defend and hold harmless the Web site, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or by any agent, servant, employee or assign of yours of these Terms of Use or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. The Web site reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5.2 The Web site does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The service and all downloadable software are distributed on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You hereby acknowledge that use of the service is at your sole risk.
6. SOFTWARE LICENSES
6.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by the Web site, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
7. TERMINATION
7.1 The Web site may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.
8. MISCELLANEOUS
8.1 This Agreement has been made in and shall be construed and enforced in accordance with New York law. Any action to enforce this agreement shall be brought in the federal or state courts located in New York County.
8.2 Notwithstanding any of the foregoing, nothing in this Member Agreement will serve to preempt the promises made in the Privacy Policy.
8.3 Correspondence should be sent to [email protected].
8.4 You agree to report any copyright violations of these Terms of Use to Critic’s Notebook as soon as you become aware of same. In the event you have a claim of copyright infringement with respect to material that is contained in the Web site, please notify [email protected].
8.5 If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such shall not affect any other part of these Terms of Use.
8.6 The failure of the Web Site to partially or fully exercise any rights or the waiver by the Web site of any breach of these Terms of Use by you shall not prevent a subsequent exercise of any such rights by the Web site or be deemed a waiver of any subsequent breach by you of the same or any other provision of these Terms of Use. Nothing herein shall be construed as limiting the right of the Web site to exercise any other right or remedy not specifically recited or alluded to in these Terms of Use.
8.7 This site may provide links to other sites. The Web site does not thereby guarantee, approve or endorse the information or products available at those sites, nor does a link indicate any association with or endorsement by the linked site to the Web site.
These Terms of Use were last updated on January 1, 2009.