Terms of Service
Please read the following Terms of Service (these “Terms”) carefully before using the CritiqueMatch AB (“CritiqueMatch”, “we,” “our,” or “us”) website, located at https://www.critiquematch.com/, or participating in any online features, products, services and/or programs offered by us (collectively, the “Web Properties”). These Terms apply to all of our Web Properties.
CritiqueMatch AB provides a platform for writers to utilize critique services or to critique the work of others. The term "User" means all writers, beta readers, or Pro-Critiquers or any person or entity who views, uses, accesses, or browses any content on, and/or creates, uploads, posts, sends, receives or stores content on or to the Web Properties. By accessing or using the Web Properties, each User agrees to these Terms. If any User does not agree to any portion of these Terms, that User should not access or otherwise use the Web Properties.
These Terms do not apply to any other web page operated and/or owned by anyone other than CritiqueMatch and its affiliates, including, but not limited to, any website, mobile application, blog, social media site, or other material. When visiting these third party websites or other properties, you should refer to the terms and conditions in effect for that website or property.
These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction and venue of any disputes. By accessing or using the Web Properties, you are entering into a legal contract with us regarding your use of the Web Properties. You agree to be bound by these Terms and all additional terms incorporated by reference. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Properties.
I. Terms Applicable to Clients
This section contains Terms specific to Clients (as defined below).
CritiqueMatch connects writers, published authors, and beta readers to review works of authorship, including essays, stories, poems, or other written work, written or created by the Client ("Authored Work") and exchange feedback. The term "Client" means any User who contracts with a Pro-Critiquer (as defined below) for those services. A "Service Contract" is any contract, agreement or other arrangement by which a Client agrees to pay a Pro-Critiquer for requested services.
1.1 Contract Terms. Once a Client submits a proposal to a Pro-Critiquer, the Pro-Critiquer must have at most 72 hours in which to accept, reject or propose changes to the proposed contract terms. If the Pro-Critiquer proposes changes to the proposed delivery date or any of the other proposed terms, then the Client will have another 72 hours in which to accept or reject the revised proposal. Any proposal that is not accepted by the end of this 72-hour window is automatically rejected. Once the proposed terms are accepted, they will be documented through the Web Properties. The terms of a Service Contract may not be changed or amended without written consent of both the Client and the Pro-Critiquer.
1.2 Limits on Pro-Critiquer Services. Client acknowledges and agrees that the mere fact that a Pro-Critiquer has agreed to provide feedback through CritiqueMatch does not mean that the Pro-Critiquer will (or is able to) represent that Client or arrange for the publication of that Client's Authored Work outside of CritiqueMatch.
1.3 Charges. Each Client agrees to pay CritiqueMatch a fee equal to ten percent (10%) of the fees that the Client agrees to pay to the Pro-Critiquer for the services provided by that Pro-Critiquer, or $5.00, whichever is greater (the "Platform Fee"). If the fees charged under the Service Contract are less than or equal to $50.00, then the Platform Fee will be $5.00. The Client will automatically be charged the Platform Fee for every transaction between that Client and a Pro-Critiquer, with all credit and debit card payments being made through our Credit Card Processing Company. CritiqueMatch will collect the Platform Fee on all transactions, including cancellation charges. All Platform Fees are non-refundable.
1.4 Intellectual Property. Clients reserve the right of final approval over all suggestions made by a Pro-Critiquer, including but not limited to the right to disregard any or all of such suggestions. Clients retain all ownership rights to any Authored Work uploaded to CritiqueMatch, including, but not limited to, any rights they may have in characters, worlds and plotlines. Clients will retain all publication rights, including but not limited to North American and global first publication/serial rights, electronic distribution, audio distribution and all rights pertaining to alternative licensing options, including but not limited to film, merchandise and foreign translation. CritiqueMatch provides no assurance that Clients have any rights in or to general concepts, plotlines, characters, themes, or any other elements of any Authored Work.
II. Terms Applicable to Pro-Critiquers
This section contains Terms specific to Pro-Critiquers.
The term "Pro-Critiquer" means any User who has been approved by CritiqueMatch to provide critique services to Clients. Pro-Critiquers will be permitted to charge either a flat fee or a fixed rate for each one thousand (1000) words of an Authored Work that they review (the "Rate"), as determined by the Pro-Critiquer. Users are eligible to apply to become a Pro-Critiquer when they meet the minimum eligibility requirements established by CritiqueMatch from time-to-time.
2.1 Eligibility. A User may apply to become a Pro-Critiquer if they meet the minimum eligibility criteria of having earned five (5) star ratings from at least ten (10) different Users. CritiqueMatch reserves the right to change, update or add to the minimum eligibility criteria from time to time in its sole discretion. CritiqueMatch reserves the right to approve or deny any Pro-Critiquer applicant and to temporarily suspend or permanently terminate any Pro-Critiquer for any violation of these Terms, including, but not limited to, any violation of the Code of Conduct.
2.2 Contractual Relationship. These Terms govern the contractual relationship between the Pro-Critiquer and CritiqueMatch. CritiqueMatch maintains the Web Properties as a platform for Pro-Critiquers and Users to contract with one another. As a platform provider, we are not a party to those contracts.
2.3 No Ghostwriting. Pro-Critiquers will not provide Clients with any ghostwriting services of any kind whatsoever.
2.4 Payment and Fees. Pro-Critiquers set their own Rate and may change it at any time. Changing the default Rate will affect Users who contact a Pro-Critiquer after the time the change is made. The Rate applicable to a particular Client may not be changed after a Service Contract has been agreed upon with that Client, unless the Client otherwise agrees in writing. All Pro-Critiquers agree to pay a Platform Fee equal to ten percent (10%) of the fees that the Client agrees to pay to that Pro-Critiquer for the services provided by that Pro-Critiquer. The Pro-Critiquer will automatically be charged the Platform Fee for every transaction between that Pro-Critiquer and a Client, with all payments being made through our Credit Card Processing Company. CritiqueMatch will collect the Platform Fee on all transactions. All charges and payments may be subject to a separate fee charged by the Credit Card Processing Company.
2.5 VAT Tax. CritiqueMatch may be required by applicable law to collect taxes or levies, including but not limited to value-added tax (while some countries may refer to a value-added tax using other terms, e.g., GST, we will refer to VAT, GST and any local sales taxes collectively as "VAT") in the jurisdiction of the Pro-Critiquer (collectively, "Taxes"). If that should happen, any amounts that CritiqueMatch is required to collect or withhold for the payment of any such Taxes will be collected from the Client and will be deducted from payments to Pro-Critiquers in addition to the fees owned to CritiqueMatch under these Terms.
2.6 Worker Classification. Each Pro-Critiquer acknowledges and agrees that Pro-Critiquer is solely responsible: (a) for all tax liability associated with payments received from Pro-Critiquer's Clients through CritiqueMatch; (b) for obtaining any liability, health, workers' compensation, disability, unemployment, or other insurance that may be needed, desired, or required by law, and that Pro-Critiquer is not covered by or eligible for any insurance from or through CritiqueMatch; (c) for determining whether Pro-Critiquer is required by applicable law to issue any particular invoices for the fees charged by Pro-Critiquer and for issuing any invoices so required; (d) for determining whether Pro-Critiquer is required by applicable law to remit to the appropriate authorities any VAT or any other taxes or similar charges applicable to the fees charged by Pro-Critiquer and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if Pro-Critiquer is located or resides outside of the United States or is a citizen of any country other than the United States, for determining whether CritiqueMatch is required by applicable law to withhold any amount of the fees charged by Pro-Critiquer, for notifying CritiqueMatch of any such requirement, and for indemnifying CritiqueMatch for any requirement to pay any withholding amount to the appropriate authorities (including any applicable penalties and interest). In the event of an audit of CritiqueMatch, Pro-Critiquer agrees to promptly cooperate with CritiqueMatch and provide copies of Pro-Critiquer's tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing that Pro-Critiquer is engaging in an independent business, as represented to CritiqueMatch.
2.7 Intellectual Property. Pro-Critiquers acknowledge that all rights in and to all Authored Works submitted by a Client belong to, and will be retained by, that Client. A Pro-Critiquer will not obtain or acquire any rights in that Authored Work because of any edits or suggested changes to that Authored Work, regardless of the significance of those edits or changes. All Pro-Critiquers surrender and relinquish the right to claim royalties or credit against any Authored Work submitted by a Client. All Authored Works returned/critiqued by a Pro-Critiquer will be credited fully to the Client upon completion and publication. If and to the extent that a Pro-Critiquer could otherwise claim rights in or to their edits or suggestions, they transfer and assign all of those rights to their Client.
III. Terms Applicable to Both Clients and Pro-Critiquers
This section contains terms applicable to all both Clients and Pro-Critiquers.
3.1 Relationship with CritiqueMatch. CritiqueMatch merely makes the Web Properties available to enable Pro-Critiquers and Clients to find and transact directly with each other. CritiqueMatch does not introduce Pro-Critiquers to Clients, find Projects for Pro-Critiquers, or find Pro-Critiquers for Clients. Through the Web Properties, Pro-Critiquers may be notified of Clients that may be seeking the services they offer, and Clients may be notified of Pro-Critiquers that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Client or Pro-Critiquer on their own. If Users decide to enter into a Service Contract, the Service Contract is directly between the Users; CritiqueMatch is not a party to any Service Contract. By using the Web Properties, each User acknowledges, agrees, and understands that CritiqueMatch is not a party to the relationship or any dealings between Client and Pro-Critiquer. Without limitation, Users are solely responsible for: (a) ensuring the accuracy and legality of any User Content; (b) determining the suitability of other Users for a Service Contract (such as through any interviews, vetting, background checks, or similar actions); (c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts; (d) performing services performed as Pro-Critiquers; or (e) paying for services performed by Pro-Critiquers. Users further acknowledge, agree, and understand that they are solely responsible for assessing whether to enter into a Service Contract with any other User and for verifying any information about another User. CritiqueMatch does not make any representations about or guarantee the truth or accuracy of any Pro-Critiquer's or Client's listings or other User Content on the Web Properties; does not have any obligation to verify any feedback or information provided by Users about Pro-Critiquers or Clients; and does not have any obligation to vet or otherwise perform background checks on Pro-Critiquers or Clients. Each User acknowledges, agrees, and understands that CritiqueMatch does not, in any way, supervise, direct, control, or evaluate Pro-Critiquers and is not responsible for any Service Contract or work product. CritiqueMatch makes no representations about and does not guarantee, and each User agrees not to hold CritiqueMatch responsible for, the quality, safety, or legality of services performed by Pro-Critiquers; the qualifications, background, or identities of Users; the ability of Pro-Critiquers to deliver services performed by Pro-Critiquers; the ability of Clients to pay for services performed by Pro-Critiquers; User Content and statements or posts made by Users; or the ability or willingness of a Client or Pro-Critiquer to actually complete a transaction.
3.2 Cancellation Policy. A Service Contract may only be cancelled if the User who wants to cancel it -- whether a Client or a Pro-Critiquer -- sends an email to CritiqueMatch that (i) identifies the Service Contract being cancelled, including the Order ID No., and (ii) explains why that User desires to cancel the Service Contract in question.
(a) Cancellation by a Client within 24 hours. If a Client cancels a Service Contract within the first 24-hour period immediately following acceptance of that Service Contract by a Pro-Critiquer, then: (i) CritiqueMatch will charge the Client 20% of the amount agreed under the Service Contract, in addition to the Platform Fee already collected by CritiqueMatch; and (ii) the Pro-Critiquer will be paid an amount equal to 20% of the amount agreed under the Service Contract, minus CritiqueMatch’s 10% commission.
(b) Cancellation by a Pro-Critiquer within 24 hours. If a Pro-Critiquer cancels a Service Contract within the first 24-hour period immediately following acceptance of that Service Contract with a Client, then: (i) the Client will not be charged any amount under that Service Contract (other than the Platform Fee already collected by CritiqueMatch, which is non-refundable); and (ii) CritiqueMatch will not charge the Pro-Critiquer any amount under that Service Contract. However, CritiqueMatch reserves the right to hide the Pro-Critiquer’s profile from the Pro-Critiquer directory, preventing that Pro-Critiquer from entering into additional Service Contracts for such period of time as CritiqueMatch may determine to be appropriate under the circumstances, based on a variety of factors, including the Pro-Critiquer’s reason for cancellation and the frequency of cancellations by that Pro-Critiquer.
(c) Cancellation by a Client after 24 hours. If a Client cancels a Service Contract after the first 24-hour period immediately following acceptance of that Service Contract by a Pro-Critiquer, then: (i) CritiqueMatch will charge the Client 100% of the amount agreed under the Service Contract, in addition to the Platform Fee already collected by CritiqueMatch; and (ii) the Pro-Critiquer will be paid an amount equal to 100% of the amount agreed under the Service Contract, minus CritiqueMatch’s 10% commission.
(d) Cancellation by a Pro-Critiquer after 24 hours. If a Pro-Critiquer cancels a Service Contract after the first 24-hour period immediately following acceptance of a Service Contract with a Client, then: (i) the Client will not be charged any amount under that Service Contract (other than the Platform Fee already collected by CritiqueMatch, which is non-refundable); and (ii) CritiqueMatch may charge the Pro-Critiquer up to 20% of the amount agreed under the Service Contract, in addition to the Platform Fee already collected by CritiqueMatch. In addition, CritiqueMatch reserves the right to hide the Pro-Critiquer’s profile from the Pro-Critiquer directory, preventing that Pro-Critiquer from entering into additional Service Contracts for such period of time as CritiqueMatch may determine to be appropriate under the circumstances, based on a variety of factors, including the Pro-Critiquer’s reason for cancellation and the frequency of cancellations by that Pro-Critiquer.
(e) No Refund of Platform Fees. In no event will any Platform Fees be refunded in the event of a cancellation.
3.3 Disputes. In the event of a dispute, CritiqueMatch will mediate and help resolve the dispute. CritiqueMatch will collect information from both Users, and make a final decision which may involve partial payment, refund and/or reversing a payment made to a Pro-Critiquer. Possible disputes include:
If CritiqueMatch should decide that the Client must pay the Pro-Critiquer a certain amount, and the Client fails to pay that amount within two (2) months of their receipt of CritiqueMatch's decision, then the Pro-Critiquer will receive a credit from CritiqueMatch for unpaid work of up to $100 (the "Dispute Credit"). The Dispute Credit will be credited against Platform Fees owed by the Pro-Critiquer on future Service Contracts entered into by that Pro-Critiquer. The Dispute Credit is non-transferrable and cannot be converted into or exchanged for cash or anything else of value.
IV. General Terms
This section contains terms applicable to all Users.
4.1 Convenience and Information Only. Subject to these Terms, we hereby grant each User a non- transferable, non-exclusive, limited license to use and access the Web Properties for your personal, non-commercial use. The Web Properties are provided to you as a convenience and for your information only. By merely providing you access to and use of the Web Properties, we do not warrant or represent that: (a) any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Web Properties (collectively, the "Content") is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes made by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to comments or questions asked through the Web Properties is or will be accurate or complete.
4.2 Web Properties Use and Content.
(a) Use of the Web Properties. The ownership of the Web Properties, Content, and all rights therein are and will remain with CritiqueMatch. You may view, copy or print a single copy of any page from the Web Properties for personal, non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images or other Content from the Web Properties without our express, prior, written consent. Any special rules for any software, downloads, and other items accessible through the Web Properties may be included elsewhere in the Web Properties and are incorporated into these Terms by reference.
(b) Restrictions on Use. You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Web Properties; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Web Properties, or any aspect of them, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Web Properties, or disassemble the Web Properties, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Web Properties, except as may be permitted by applicable law; (iv) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Web Properties, or unduly burdening or hindering the operation and/or functionality of any aspect of the Web Properties; (v) attempt to gain unauthorized access to or impair any aspect of the Web Properties, or the related systems, servers, or networks; (vi) use the Web Properties to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (vii) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (viii) use any portion of the Web Properties or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.
(c) Prohibited External Communication. Users are prohibited from soliciting or engaging the services or business of other Users or making, receiving or inviting payments for services by any means other than through the CritiqueMatch platform ("Prohibited External Communication"). Any User found to be engaging in, or to have already engaged in, a Prohibited External Communication may have their account suspended or terminated, in CritiqueMatch's sole discretion. Any User who engages in a Prohibited External Communication will be required to pay a fee of $5,000 (the "Introductory Fee") to CritiqueMatch. Failure to pay the Introductory Fee within seven (7) days after it is assessed may cause your account to be suspended or terminated.
4.3 CritiqueMatch Contest Terms. From time to time, CritiqueMatch may host writing contests (each, a “Contest”). Each Contest will be subject to specific rules, as announced by CritiqueMatch, including, but not limited to, an entry fee (if applicable), a word limit, a writing topic and genre, and one or more prizes (the “Contest Rules”). The following terms will apply to all Contests:
(a) All Contest participants must comply with these CritiqueMatch Terms of Service and with the Contest Rules applicable to that Contest.
(b) Participation in a Contest is limited to CritiqueMatch Users.
(c) If a User’s entry exceeds the maximum number of words specified in the Contest Rules, only the maximum number of words will be judged.
(d) CritiqueMatch promotes diversity, equity, and inclusion in its Contests. All Users, regardless of race, color, gender, religion, age, national origin, disability, or sexual orientation, are welcome to enter any Contest. Contest entries are judged anonymously; as such, each entry is only judged on its merit.
(e) Unless the Contest Rules state otherwise, a User may submit multiple entries in each Contest, but must pay a separate entry fee for each submission. If a User submits the same entry more than once, only one entry will be judged.
(f) All entries must be submitted electronically by the means specified in the Contest Rules.
(g) All submissions must be previously unpublished and must be the User’s own work. Fan-fiction is ineligible. A User may submit an unfinished manuscript.
(h) A submission is considered complete if and when both the submission and the entry fee are received by the Contest deadline.
(i) All entries are final. No revisions, substitutions or replacements are accepted or permitted after submission.
(j) Users retain all rights in and to their work.
(k) CritiqueMatch reserves the right to cancel a Contest unless at least five (5) entries are received in each category by the Contest deadline. If CritiqueMatch cancels a Contest, the entry fees paid for that Contest will be refunded.
(l) No cash substitution, transfers or assignments of prizes will be permitted. All expenses, including taxes, relating to a prize will be the sole responsibility of the winner. By accepting a prize, the winner releases CritiqueMatch from any and all liability for any loss, harm, damages, cost or expense, including, but not limited to, property damage, personal injury and/or death, arising out of or relating to a User's participation in a Contest or the acceptance, use or disposition of a prize. If, for any reason (including unauthorized intervention, technical failures, or any other cause beyond the control of CritiqueMatch which affects the administration, fairness, integrity or proper conduct of a Contest), a Contest is not capable of being conducted as described in these Terms or the Contest Rules, CritiqueMatch reserves the right, in its sole discretion, to cancel, terminate, modify or suspend that Contest.
(m) Within approximately sixty (60) days after confirmation of the winners in a particular Contest, CritiqueMatch will provide all winners with their prizes.
(n) All participants will be individually notified of the Contest results by email.
(o) Any Contest is void where prohibited by law.
4.4 Representations and Warranties.
(a) Each User represents, warrants and undertakes to CritiqueMatch that:
4.6 Privacy and Electronic Communication. We know that privacy is very important to you, and it is very important to us as well. Personal data that you provide regarding yourself will be handled in accordance with our Privacy Policy located at /privacy-policy. By using the Web Properties, you consent to receive electronic communications from us unless you follow applicable opt out procedures. We will communicate with you by email or by posting notices on our Web Properties. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
4.7 User Account, Password and Security. To the extent that you create a User account to access and use the Web Properties ("User Account"), the following will apply:
(a) User Account. To access certain features, Content and/or User Content available through the Web Properties, we may require that you sign up using your first name, last name, email address and a password to create a User Account and profile about you, your writing, and your skills (a "Profile"). If you do not create a User Account and Profile, you may not have access to certain functionality of the Web Properties. We use reasonable precautions to protect the privacy of your username, password, and User Account information. You, however, are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies, if any. You agree to: (i) immediately notify us of any unauthorized use of your username, password, or User Account, or any other breach of security; (ii) ensure that you exit from your User Account at the end of each session; and (iii) use a security passcode to secure your device where your User Account information is stored. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) Payment Information. In order to use the Web Properties, you will be required to establish and maintain an account with CritiqueMatch's Credit Card Processing Company, which CritiqueMatch reserves the right to change from time to time. CritiqueMatch does not have access to or retain your credit card information. The Credit Card Processing Company may have separate terms that will apply to your use of that service.
(c) Accurate Information. In creating and using your User Account and Profile, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Web Properties, including, but not limited to, your full name and email address (such information being the "Registration Data"); and (ii) 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 if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(d) Non-Transferability of User Account. Each User is only permitted to have one User Account. User Accounts and usernames are non-transferable, and all Users are obligated to take preventative measures to prohibit unauthorized Users from accessing the Web Properties with his or her username and password. You agree that you are solely responsible for activity that occurs under your User Account. We are entitled to act on all instructions received by anyone using your User Account, and we reserve the right to pursue any and all claims against any User of your User Account.
(e) Account Deactivation. We reserve the right to deactivate or cancel a User Account in our sole discretion, including for the following reasons: (i) you request such deactivation; (ii) you are deceased; (iii) you do not respond to repeated communication attempts regarding the status of your User Account; (iv) you fail to make payments related to your User Account (if applicable); (v) you reside in or relocate to a country where use of a User Account is prohibited under applicable law; (vi) you act in a fraudulent or an inappropriate manner while using the User Account; or (vii) after two (2) years of inactivity. You will be responsible for all charges incurred up until the time the account is deactivated, if applicable.
4.8 Objectionable Material. You acknowledge that, in using the Web Properties and accessing the Content and/or the User Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Web Properties at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.
4.9 Not Intended for Children and Other Age Requirements. The Web Properties are not intended or designed to attract children under the age of thirteen (13). You affirm that you are more than eighteen (18) years of age, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
4.10 DISCLAIMERS.
(a) No Warranties for Web Properties. When using the Web Properties, information will be transmitted in such a way that may be beyond our control. Accordingly, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, the User Content or any other information transmitted in connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES, THE CONTENT, AND THE USER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES, THE CONTENT, THE USER CONTENT, OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE WEB PROPERTIES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES.
(b) Plagiarism. No part of another User's work may be used or reproduced by you in any manner whatsoever without express written permission of the author(s). CritiqueMatch disclaims all liability associated with plagiarism committed by any Users of the Web Properties.
(c) Indemnification. You agree to defend, indemnify, and hold harmless CritiqueMatch and our directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys' fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (iv) any claim that your User Content caused damage to or violated the rights of a third party.
(d) Your Responsibilities. You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data that you transmit using the Web Properties, and we will have no obligation to verify the accuracy of that data. While we reserve the right to review any and all User Content made available through the Web Properties, you will remain responsible for your User Content. Your use of the Web Properties is subject to the additional disclaimers and caveats that may appear throughout the Web Properties. CritiqueMatch is not responsible for an individual's submissions, the quality of critiques and other actions of individual Users.
(e) Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Web Properties. If you are accessing the Web Properties on your mobile device, your network's data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Web Properties and any updates thereto. We do not guarantee that the Web Properties, or any portion thereof, will function on any particular hardware or devices. In addition, all Web Properties may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
(f) No Professional Advice. All information and resources found on or accessible through the Web Properties are based on the opinions of the author(s) unless otherwise noted. You acknowledge and agree that, by providing access to the Web Properties, we are not rendering or providing any professional opinions on any of the matters discussed or included on the Web Properties, and we will not be liable to anyone for any act or failure to act relating to any advice listed on or provided through the Web Properties, whether that advice is included in the Content provided by us or the comments or discussions of other Users of the Web Properties. We are not responsible for events arising from the distribution of any information that you choose to publicly post or share through the Web Properties.
4.11 Limitation of Liability. IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEB PROPERTIES, THE CONTENT, AND/OR THE USER CONTENT PROVIDED IN CONNECTION WITH THE WEB PROPERTIES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB PROPERTIES, THE CONTENT AND/OR ANY USER CONTENT PROVIDED ON OR THROUGH THE WEB PROPERTIES. IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE WEB PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL OR LOST PROFITS. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE WEB PROPERTIES AND/OR ANY CONTENT. WE ARE NOT RESPONSIBLE FOR (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY SHALL BE LIMITED TO THE GREATER OF (i) THE AMOUNT THAT YOU PAID FOR THE SERVICES THAT YOU RECEIVED THROUGH THE WEB PROPERTIES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY BEFORE YOUR CLAIM AROSE, OR (ii) $1,000. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM ONE STATE OR JURISDICTION TO ANOTHER.
4.12 Third Party Content and Third Party Applications.
(a) Generally. We may provide hyperlinks to other websites maintained by third parties, or we may provide third party content on the Web Properties by framing or other methods (collectively, "Third Party Content"). In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (collectively, "Third Party Applications"). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The links to third party websites, any Third Party Content, and any Third Party Applications are provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Application, which at all times and in each instance is provided "as is." If you decide to access any of the third party websites linked to the Web Properties, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk. If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Web Properties.
(b) Affiliate Links. The Web Properties may include links to one or more Third Party Applications or to Third Party Content that might entitle CritiqueMatch to be paid a fee if a User clicks on the link and purchases products or services. CritiqueMatch will endeavor to clearly mark those links as such when this is the case.
(c) Webinars and Special Events. From time to time, CritiqueMatch may host webinars and events featuring third-party speakers on the Web Properties (“Guest Speaker Content”). Guest Speaker Content is provided for information purposes only. We make no representation or warranty in connection with any Guest Speaker Content or its accuracy or completeness. Any opinions expressed by a third party during a webinar or special event are those of the third party and not shared or endorsed by CritiqueMatch.
4.13 Intellectual Property. The Content of the Web Properties is intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content and/or User Content may be reproduced in any form or by any means, except as provided in Section 4.2 (Web Properties Use and Content) and elsewhere in these Terms. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on the Web Properties. All trademarks and service marks of CritiqueMatch that may be referred to on the Web Properties are the property of CritiqueMatch or one of our affiliates. Other parties' trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates', trademarks, service marks, logos, or copyrighted materials without our prior written permission.
4.14 Copyright Complaints. We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. We will respond to allegations of copyright infringement. A copyright owner may file a takedown notice with an online service provider of an alleged copyright infringement. During this process, the service provider responds by taking down the alleged infringing content, and takes reasonable steps to contact the owner of the removed content so that a counter-notification may be filed, if appropriate. If a valid counter-notification is filed, we typically will restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. We may provide copies of such notices to the affected parties or to any other third parties, at our discretion and as required by law. Our Privacy Policy does not apply to any information contained in these notices.
When notifying us of potential infringement, you must include the following:
4.15 Termination of Service. We may suspend or terminate your right to access portions of the Web Properties at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other Users of the Web Properties, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers, or as we otherwise deem appropriate, in our sole discretion.
4.16 Additional Remedies. You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.
4.17 User Content Policy.
(a) The Web Properties may now or in the future permit you to upload or post to the Web Properties or otherwise submit to CritiqueMatch various forms of content, such as statements, reviews, ratings, opinions, text, graphics, questions, suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about you, or any other content of any kind whatsoever that you publish publicly, for example on our blog, or that you submit to us (collectively, "User Content"). For the avoidance of doubt, User Content does not include Authored Work. You retain all rights in and to your own Authored Works that you upload in order to share privately with individuals who will comment on and analyze your work. Authored Work should not be posted publicly, and it should only be shared with writing partners you have connected with to analyze and comment on your work.
(b) You warrant to CritiqueMatch that you own all rights in your User Content or all third party holders of rights in your User Content have validly and irrevocably granted to you the right to grant the rights and licenses set forth above. We do not claim ownership in your User Content. However, by submitting any User Content in any form to CritiqueMatch, in addition to other provisions of these Terms, you automatically grant CritiqueMatch, its affiliates, successors and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such User Content for the purpose of displaying and promoting such User Content on the Web Properties owned or operated by us, without further notice to you, or consent from you, and without any requirement to pay anything to you or anyone else. For the avoidance of doubt, we will NOT use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform your Authored Work. Such Authored Work will only be displayed to and used by the Users you choose to analyze and comment on your work, and we will only access such Authored Work in order to enforce these Terms and to fulfill our obligations hereunder.
(c) We reserve the right, in our sole discretion, to review and approve User Content before or after it is made available to other Users on the Web Properties. Please remember that, even if we review your User Content, you will be solely responsible for your User Content and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed on or through the Web Properties, and we expressly disclaim any and all liability in connection with User Content. You acknowledge that CritiqueMatch, our site moderators and our agents reserve the right, in our sole discretion, to refuse, move, and/or remove User Content available on or through the Web Properties that, in our judgment, does not comply with these Terms and any other rules of User conduct applicable to our Web Properties, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such User Content. You represent and warrant that neither your User Content nor your uploading, publishing or otherwise making available your User Content nor CritiqueMatch's use of your User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4.18 Code of Conduct.
(a) General Rules. In addition to the other requirements set forth herein, while using the Web Properties, you agree to abide by the following general rules:
4.20 Local Laws. We make no representation that any Content or materials on the Web Properties are appropriate or available for use in jurisdictions that are outside Sweden. Access to the Web Properties from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Properties from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
4.21 Export Restrictions. Any software and all underlying information and technology downloaded or viewed from any of the Web Properties or in connection with the services (collectively, the "Software or Technical Data") by you may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Web Properties, the Content, the User Content, and any of our products or services, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any country, or to any person, entity, or end-user subject to export controls.
4.22 Comments. By submitting comments, information or feedback (collectively, "Feedback") to us via the phone, through email and/or the Web Properties, you agree that the information submitted will be subject to our Privacy Policy. We may use Feedback in any manner that we may choose, including, but not limited to, the incorporation of suggested changes into our services and products, without notice or compensation to you.
Your Consent To These Terms of Service
By accessing and using the Web Properties, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Web Properties. Your use of the Web Properties following your acceptance of any amendment of these Terms will signify your assent to and acceptance of the revised Terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate, please let us know by sending your comments or requests to:
CritiqueMatch AB provides a platform for writers to utilize critique services or to critique the work of others. The term "User" means all writers, beta readers, or Pro-Critiquers or any person or entity who views, uses, accesses, or browses any content on, and/or creates, uploads, posts, sends, receives or stores content on or to the Web Properties. By accessing or using the Web Properties, each User agrees to these Terms. If any User does not agree to any portion of these Terms, that User should not access or otherwise use the Web Properties.
These Terms do not apply to any other web page operated and/or owned by anyone other than CritiqueMatch and its affiliates, including, but not limited to, any website, mobile application, blog, social media site, or other material. When visiting these third party websites or other properties, you should refer to the terms and conditions in effect for that website or property.
These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction and venue of any disputes. By accessing or using the Web Properties, you are entering into a legal contract with us regarding your use of the Web Properties. You agree to be bound by these Terms and all additional terms incorporated by reference. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Properties.
I. Terms Applicable to Clients
This section contains Terms specific to Clients (as defined below).
CritiqueMatch connects writers, published authors, and beta readers to review works of authorship, including essays, stories, poems, or other written work, written or created by the Client ("Authored Work") and exchange feedback. The term "Client" means any User who contracts with a Pro-Critiquer (as defined below) for those services. A "Service Contract" is any contract, agreement or other arrangement by which a Client agrees to pay a Pro-Critiquer for requested services.
1.1 Contract Terms. Once a Client submits a proposal to a Pro-Critiquer, the Pro-Critiquer must have at most 72 hours in which to accept, reject or propose changes to the proposed contract terms. If the Pro-Critiquer proposes changes to the proposed delivery date or any of the other proposed terms, then the Client will have another 72 hours in which to accept or reject the revised proposal. Any proposal that is not accepted by the end of this 72-hour window is automatically rejected. Once the proposed terms are accepted, they will be documented through the Web Properties. The terms of a Service Contract may not be changed or amended without written consent of both the Client and the Pro-Critiquer.
1.2 Limits on Pro-Critiquer Services. Client acknowledges and agrees that the mere fact that a Pro-Critiquer has agreed to provide feedback through CritiqueMatch does not mean that the Pro-Critiquer will (or is able to) represent that Client or arrange for the publication of that Client's Authored Work outside of CritiqueMatch.
1.3 Charges. Each Client agrees to pay CritiqueMatch a fee equal to ten percent (10%) of the fees that the Client agrees to pay to the Pro-Critiquer for the services provided by that Pro-Critiquer, or $5.00, whichever is greater (the "Platform Fee"). If the fees charged under the Service Contract are less than or equal to $50.00, then the Platform Fee will be $5.00. The Client will automatically be charged the Platform Fee for every transaction between that Client and a Pro-Critiquer, with all credit and debit card payments being made through our Credit Card Processing Company. CritiqueMatch will collect the Platform Fee on all transactions, including cancellation charges. All Platform Fees are non-refundable.
1.4 Intellectual Property. Clients reserve the right of final approval over all suggestions made by a Pro-Critiquer, including but not limited to the right to disregard any or all of such suggestions. Clients retain all ownership rights to any Authored Work uploaded to CritiqueMatch, including, but not limited to, any rights they may have in characters, worlds and plotlines. Clients will retain all publication rights, including but not limited to North American and global first publication/serial rights, electronic distribution, audio distribution and all rights pertaining to alternative licensing options, including but not limited to film, merchandise and foreign translation. CritiqueMatch provides no assurance that Clients have any rights in or to general concepts, plotlines, characters, themes, or any other elements of any Authored Work.
II. Terms Applicable to Pro-Critiquers
This section contains Terms specific to Pro-Critiquers.
The term "Pro-Critiquer" means any User who has been approved by CritiqueMatch to provide critique services to Clients. Pro-Critiquers will be permitted to charge either a flat fee or a fixed rate for each one thousand (1000) words of an Authored Work that they review (the "Rate"), as determined by the Pro-Critiquer. Users are eligible to apply to become a Pro-Critiquer when they meet the minimum eligibility requirements established by CritiqueMatch from time-to-time.
2.1 Eligibility. A User may apply to become a Pro-Critiquer if they meet the minimum eligibility criteria of having earned five (5) star ratings from at least ten (10) different Users. CritiqueMatch reserves the right to change, update or add to the minimum eligibility criteria from time to time in its sole discretion. CritiqueMatch reserves the right to approve or deny any Pro-Critiquer applicant and to temporarily suspend or permanently terminate any Pro-Critiquer for any violation of these Terms, including, but not limited to, any violation of the Code of Conduct.
2.2 Contractual Relationship. These Terms govern the contractual relationship between the Pro-Critiquer and CritiqueMatch. CritiqueMatch maintains the Web Properties as a platform for Pro-Critiquers and Users to contract with one another. As a platform provider, we are not a party to those contracts.
2.3 No Ghostwriting. Pro-Critiquers will not provide Clients with any ghostwriting services of any kind whatsoever.
2.4 Payment and Fees. Pro-Critiquers set their own Rate and may change it at any time. Changing the default Rate will affect Users who contact a Pro-Critiquer after the time the change is made. The Rate applicable to a particular Client may not be changed after a Service Contract has been agreed upon with that Client, unless the Client otherwise agrees in writing. All Pro-Critiquers agree to pay a Platform Fee equal to ten percent (10%) of the fees that the Client agrees to pay to that Pro-Critiquer for the services provided by that Pro-Critiquer. The Pro-Critiquer will automatically be charged the Platform Fee for every transaction between that Pro-Critiquer and a Client, with all payments being made through our Credit Card Processing Company. CritiqueMatch will collect the Platform Fee on all transactions. All charges and payments may be subject to a separate fee charged by the Credit Card Processing Company.
2.5 VAT Tax. CritiqueMatch may be required by applicable law to collect taxes or levies, including but not limited to value-added tax (while some countries may refer to a value-added tax using other terms, e.g., GST, we will refer to VAT, GST and any local sales taxes collectively as "VAT") in the jurisdiction of the Pro-Critiquer (collectively, "Taxes"). If that should happen, any amounts that CritiqueMatch is required to collect or withhold for the payment of any such Taxes will be collected from the Client and will be deducted from payments to Pro-Critiquers in addition to the fees owned to CritiqueMatch under these Terms.
2.6 Worker Classification. Each Pro-Critiquer acknowledges and agrees that Pro-Critiquer is solely responsible: (a) for all tax liability associated with payments received from Pro-Critiquer's Clients through CritiqueMatch; (b) for obtaining any liability, health, workers' compensation, disability, unemployment, or other insurance that may be needed, desired, or required by law, and that Pro-Critiquer is not covered by or eligible for any insurance from or through CritiqueMatch; (c) for determining whether Pro-Critiquer is required by applicable law to issue any particular invoices for the fees charged by Pro-Critiquer and for issuing any invoices so required; (d) for determining whether Pro-Critiquer is required by applicable law to remit to the appropriate authorities any VAT or any other taxes or similar charges applicable to the fees charged by Pro-Critiquer and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if Pro-Critiquer is located or resides outside of the United States or is a citizen of any country other than the United States, for determining whether CritiqueMatch is required by applicable law to withhold any amount of the fees charged by Pro-Critiquer, for notifying CritiqueMatch of any such requirement, and for indemnifying CritiqueMatch for any requirement to pay any withholding amount to the appropriate authorities (including any applicable penalties and interest). In the event of an audit of CritiqueMatch, Pro-Critiquer agrees to promptly cooperate with CritiqueMatch and provide copies of Pro-Critiquer's tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing that Pro-Critiquer is engaging in an independent business, as represented to CritiqueMatch.
2.7 Intellectual Property. Pro-Critiquers acknowledge that all rights in and to all Authored Works submitted by a Client belong to, and will be retained by, that Client. A Pro-Critiquer will not obtain or acquire any rights in that Authored Work because of any edits or suggested changes to that Authored Work, regardless of the significance of those edits or changes. All Pro-Critiquers surrender and relinquish the right to claim royalties or credit against any Authored Work submitted by a Client. All Authored Works returned/critiqued by a Pro-Critiquer will be credited fully to the Client upon completion and publication. If and to the extent that a Pro-Critiquer could otherwise claim rights in or to their edits or suggestions, they transfer and assign all of those rights to their Client.
III. Terms Applicable to Both Clients and Pro-Critiquers
This section contains terms applicable to all both Clients and Pro-Critiquers.
3.1 Relationship with CritiqueMatch. CritiqueMatch merely makes the Web Properties available to enable Pro-Critiquers and Clients to find and transact directly with each other. CritiqueMatch does not introduce Pro-Critiquers to Clients, find Projects for Pro-Critiquers, or find Pro-Critiquers for Clients. Through the Web Properties, Pro-Critiquers may be notified of Clients that may be seeking the services they offer, and Clients may be notified of Pro-Critiquers that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Client or Pro-Critiquer on their own. If Users decide to enter into a Service Contract, the Service Contract is directly between the Users; CritiqueMatch is not a party to any Service Contract. By using the Web Properties, each User acknowledges, agrees, and understands that CritiqueMatch is not a party to the relationship or any dealings between Client and Pro-Critiquer. Without limitation, Users are solely responsible for: (a) ensuring the accuracy and legality of any User Content; (b) determining the suitability of other Users for a Service Contract (such as through any interviews, vetting, background checks, or similar actions); (c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts; (d) performing services performed as Pro-Critiquers; or (e) paying for services performed by Pro-Critiquers. Users further acknowledge, agree, and understand that they are solely responsible for assessing whether to enter into a Service Contract with any other User and for verifying any information about another User. CritiqueMatch does not make any representations about or guarantee the truth or accuracy of any Pro-Critiquer's or Client's listings or other User Content on the Web Properties; does not have any obligation to verify any feedback or information provided by Users about Pro-Critiquers or Clients; and does not have any obligation to vet or otherwise perform background checks on Pro-Critiquers or Clients. Each User acknowledges, agrees, and understands that CritiqueMatch does not, in any way, supervise, direct, control, or evaluate Pro-Critiquers and is not responsible for any Service Contract or work product. CritiqueMatch makes no representations about and does not guarantee, and each User agrees not to hold CritiqueMatch responsible for, the quality, safety, or legality of services performed by Pro-Critiquers; the qualifications, background, or identities of Users; the ability of Pro-Critiquers to deliver services performed by Pro-Critiquers; the ability of Clients to pay for services performed by Pro-Critiquers; User Content and statements or posts made by Users; or the ability or willingness of a Client or Pro-Critiquer to actually complete a transaction.
3.2 Cancellation Policy. A Service Contract may only be cancelled if the User who wants to cancel it -- whether a Client or a Pro-Critiquer -- sends an email to CritiqueMatch that (i) identifies the Service Contract being cancelled, including the Order ID No., and (ii) explains why that User desires to cancel the Service Contract in question.
(a) Cancellation by a Client within 24 hours. If a Client cancels a Service Contract within the first 24-hour period immediately following acceptance of that Service Contract by a Pro-Critiquer, then: (i) CritiqueMatch will charge the Client 20% of the amount agreed under the Service Contract, in addition to the Platform Fee already collected by CritiqueMatch; and (ii) the Pro-Critiquer will be paid an amount equal to 20% of the amount agreed under the Service Contract, minus CritiqueMatch’s 10% commission.
(b) Cancellation by a Pro-Critiquer within 24 hours. If a Pro-Critiquer cancels a Service Contract within the first 24-hour period immediately following acceptance of that Service Contract with a Client, then: (i) the Client will not be charged any amount under that Service Contract (other than the Platform Fee already collected by CritiqueMatch, which is non-refundable); and (ii) CritiqueMatch will not charge the Pro-Critiquer any amount under that Service Contract. However, CritiqueMatch reserves the right to hide the Pro-Critiquer’s profile from the Pro-Critiquer directory, preventing that Pro-Critiquer from entering into additional Service Contracts for such period of time as CritiqueMatch may determine to be appropriate under the circumstances, based on a variety of factors, including the Pro-Critiquer’s reason for cancellation and the frequency of cancellations by that Pro-Critiquer.
(c) Cancellation by a Client after 24 hours. If a Client cancels a Service Contract after the first 24-hour period immediately following acceptance of that Service Contract by a Pro-Critiquer, then: (i) CritiqueMatch will charge the Client 100% of the amount agreed under the Service Contract, in addition to the Platform Fee already collected by CritiqueMatch; and (ii) the Pro-Critiquer will be paid an amount equal to 100% of the amount agreed under the Service Contract, minus CritiqueMatch’s 10% commission.
(d) Cancellation by a Pro-Critiquer after 24 hours. If a Pro-Critiquer cancels a Service Contract after the first 24-hour period immediately following acceptance of a Service Contract with a Client, then: (i) the Client will not be charged any amount under that Service Contract (other than the Platform Fee already collected by CritiqueMatch, which is non-refundable); and (ii) CritiqueMatch may charge the Pro-Critiquer up to 20% of the amount agreed under the Service Contract, in addition to the Platform Fee already collected by CritiqueMatch. In addition, CritiqueMatch reserves the right to hide the Pro-Critiquer’s profile from the Pro-Critiquer directory, preventing that Pro-Critiquer from entering into additional Service Contracts for such period of time as CritiqueMatch may determine to be appropriate under the circumstances, based on a variety of factors, including the Pro-Critiquer’s reason for cancellation and the frequency of cancellations by that Pro-Critiquer.
(e) No Refund of Platform Fees. In no event will any Platform Fees be refunded in the event of a cancellation.
3.3 Disputes. In the event of a dispute, CritiqueMatch will mediate and help resolve the dispute. CritiqueMatch will collect information from both Users, and make a final decision which may involve partial payment, refund and/or reversing a payment made to a Pro-Critiquer. Possible disputes include:
- Failure to deliver the critique;
- Failure to deliver work by the agreed upon deadline;
- Inaccurate or incomplete information provided by the Client when the Authored Work was presented and the terms were agreed on;
- The Client changing the terms of the contract after-the-fact;
- One User threatening another User; or
- A User violating these Terms.
If CritiqueMatch should decide that the Client must pay the Pro-Critiquer a certain amount, and the Client fails to pay that amount within two (2) months of their receipt of CritiqueMatch's decision, then the Pro-Critiquer will receive a credit from CritiqueMatch for unpaid work of up to $100 (the "Dispute Credit"). The Dispute Credit will be credited against Platform Fees owed by the Pro-Critiquer on future Service Contracts entered into by that Pro-Critiquer. The Dispute Credit is non-transferrable and cannot be converted into or exchanged for cash or anything else of value.
IV. General Terms
This section contains terms applicable to all Users.
4.1 Convenience and Information Only. Subject to these Terms, we hereby grant each User a non- transferable, non-exclusive, limited license to use and access the Web Properties for your personal, non-commercial use. The Web Properties are provided to you as a convenience and for your information only. By merely providing you access to and use of the Web Properties, we do not warrant or represent that: (a) any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Web Properties (collectively, the "Content") is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes made by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to comments or questions asked through the Web Properties is or will be accurate or complete.
4.2 Web Properties Use and Content.
(a) Use of the Web Properties. The ownership of the Web Properties, Content, and all rights therein are and will remain with CritiqueMatch. You may view, copy or print a single copy of any page from the Web Properties for personal, non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images or other Content from the Web Properties without our express, prior, written consent. Any special rules for any software, downloads, and other items accessible through the Web Properties may be included elsewhere in the Web Properties and are incorporated into these Terms by reference.
(b) Restrictions on Use. You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Web Properties; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Web Properties, or any aspect of them, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Web Properties, or disassemble the Web Properties, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Web Properties, except as may be permitted by applicable law; (iv) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Web Properties, or unduly burdening or hindering the operation and/or functionality of any aspect of the Web Properties; (v) attempt to gain unauthorized access to or impair any aspect of the Web Properties, or the related systems, servers, or networks; (vi) use the Web Properties to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (vii) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (viii) use any portion of the Web Properties or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.
(c) Prohibited External Communication. Users are prohibited from soliciting or engaging the services or business of other Users or making, receiving or inviting payments for services by any means other than through the CritiqueMatch platform ("Prohibited External Communication"). Any User found to be engaging in, or to have already engaged in, a Prohibited External Communication may have their account suspended or terminated, in CritiqueMatch's sole discretion. Any User who engages in a Prohibited External Communication will be required to pay a fee of $5,000 (the "Introductory Fee") to CritiqueMatch. Failure to pay the Introductory Fee within seven (7) days after it is assessed may cause your account to be suspended or terminated.
4.3 CritiqueMatch Contest Terms. From time to time, CritiqueMatch may host writing contests (each, a “Contest”). Each Contest will be subject to specific rules, as announced by CritiqueMatch, including, but not limited to, an entry fee (if applicable), a word limit, a writing topic and genre, and one or more prizes (the “Contest Rules”). The following terms will apply to all Contests:
(a) All Contest participants must comply with these CritiqueMatch Terms of Service and with the Contest Rules applicable to that Contest.
(b) Participation in a Contest is limited to CritiqueMatch Users.
(c) If a User’s entry exceeds the maximum number of words specified in the Contest Rules, only the maximum number of words will be judged.
(d) CritiqueMatch promotes diversity, equity, and inclusion in its Contests. All Users, regardless of race, color, gender, religion, age, national origin, disability, or sexual orientation, are welcome to enter any Contest. Contest entries are judged anonymously; as such, each entry is only judged on its merit.
(e) Unless the Contest Rules state otherwise, a User may submit multiple entries in each Contest, but must pay a separate entry fee for each submission. If a User submits the same entry more than once, only one entry will be judged.
(f) All entries must be submitted electronically by the means specified in the Contest Rules.
(g) All submissions must be previously unpublished and must be the User’s own work. Fan-fiction is ineligible. A User may submit an unfinished manuscript.
(h) A submission is considered complete if and when both the submission and the entry fee are received by the Contest deadline.
(i) All entries are final. No revisions, substitutions or replacements are accepted or permitted after submission.
(j) Users retain all rights in and to their work.
(k) CritiqueMatch reserves the right to cancel a Contest unless at least five (5) entries are received in each category by the Contest deadline. If CritiqueMatch cancels a Contest, the entry fees paid for that Contest will be refunded.
(l) No cash substitution, transfers or assignments of prizes will be permitted. All expenses, including taxes, relating to a prize will be the sole responsibility of the winner. By accepting a prize, the winner releases CritiqueMatch from any and all liability for any loss, harm, damages, cost or expense, including, but not limited to, property damage, personal injury and/or death, arising out of or relating to a User's participation in a Contest or the acceptance, use or disposition of a prize. If, for any reason (including unauthorized intervention, technical failures, or any other cause beyond the control of CritiqueMatch which affects the administration, fairness, integrity or proper conduct of a Contest), a Contest is not capable of being conducted as described in these Terms or the Contest Rules, CritiqueMatch reserves the right, in its sole discretion, to cancel, terminate, modify or suspend that Contest.
(m) Within approximately sixty (60) days after confirmation of the winners in a particular Contest, CritiqueMatch will provide all winners with their prizes.
(n) All participants will be individually notified of the Contest results by email.
(o) Any Contest is void where prohibited by law.
4.4 Representations and Warranties.
(a) Each User represents, warrants and undertakes to CritiqueMatch that:
- i. they are engaged in an independent business and not employed by CritiqueMatch;
- ii. the Platform Fee charged by CritiqueMatch is reasonable and proportionate under the circumstances;
- iii. the information that the User provides to CritiqueMatch and any other User is accurate and complete in all respects; and
- iv. they will conduct all correspondence with other Users only through CritiqueMatch and not by any other means.
4.6 Privacy and Electronic Communication. We know that privacy is very important to you, and it is very important to us as well. Personal data that you provide regarding yourself will be handled in accordance with our Privacy Policy located at /privacy-policy. By using the Web Properties, you consent to receive electronic communications from us unless you follow applicable opt out procedures. We will communicate with you by email or by posting notices on our Web Properties. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
4.7 User Account, Password and Security. To the extent that you create a User account to access and use the Web Properties ("User Account"), the following will apply:
(a) User Account. To access certain features, Content and/or User Content available through the Web Properties, we may require that you sign up using your first name, last name, email address and a password to create a User Account and profile about you, your writing, and your skills (a "Profile"). If you do not create a User Account and Profile, you may not have access to certain functionality of the Web Properties. We use reasonable precautions to protect the privacy of your username, password, and User Account information. You, however, are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies, if any. You agree to: (i) immediately notify us of any unauthorized use of your username, password, or User Account, or any other breach of security; (ii) ensure that you exit from your User Account at the end of each session; and (iii) use a security passcode to secure your device where your User Account information is stored. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) Payment Information. In order to use the Web Properties, you will be required to establish and maintain an account with CritiqueMatch's Credit Card Processing Company, which CritiqueMatch reserves the right to change from time to time. CritiqueMatch does not have access to or retain your credit card information. The Credit Card Processing Company may have separate terms that will apply to your use of that service.
(c) Accurate Information. In creating and using your User Account and Profile, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Web Properties, including, but not limited to, your full name and email address (such information being the "Registration Data"); and (ii) 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 if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(d) Non-Transferability of User Account. Each User is only permitted to have one User Account. User Accounts and usernames are non-transferable, and all Users are obligated to take preventative measures to prohibit unauthorized Users from accessing the Web Properties with his or her username and password. You agree that you are solely responsible for activity that occurs under your User Account. We are entitled to act on all instructions received by anyone using your User Account, and we reserve the right to pursue any and all claims against any User of your User Account.
(e) Account Deactivation. We reserve the right to deactivate or cancel a User Account in our sole discretion, including for the following reasons: (i) you request such deactivation; (ii) you are deceased; (iii) you do not respond to repeated communication attempts regarding the status of your User Account; (iv) you fail to make payments related to your User Account (if applicable); (v) you reside in or relocate to a country where use of a User Account is prohibited under applicable law; (vi) you act in a fraudulent or an inappropriate manner while using the User Account; or (vii) after two (2) years of inactivity. You will be responsible for all charges incurred up until the time the account is deactivated, if applicable.
4.8 Objectionable Material. You acknowledge that, in using the Web Properties and accessing the Content and/or the User Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Web Properties at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.
4.9 Not Intended for Children and Other Age Requirements. The Web Properties are not intended or designed to attract children under the age of thirteen (13). You affirm that you are more than eighteen (18) years of age, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
4.10 DISCLAIMERS.
(a) No Warranties for Web Properties. When using the Web Properties, information will be transmitted in such a way that may be beyond our control. Accordingly, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, the User Content or any other information transmitted in connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES, THE CONTENT, AND THE USER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES, THE CONTENT, THE USER CONTENT, OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE WEB PROPERTIES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES.
(b) Plagiarism. No part of another User's work may be used or reproduced by you in any manner whatsoever without express written permission of the author(s). CritiqueMatch disclaims all liability associated with plagiarism committed by any Users of the Web Properties.
(c) Indemnification. You agree to defend, indemnify, and hold harmless CritiqueMatch and our directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys' fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (iv) any claim that your User Content caused damage to or violated the rights of a third party.
(d) Your Responsibilities. You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data that you transmit using the Web Properties, and we will have no obligation to verify the accuracy of that data. While we reserve the right to review any and all User Content made available through the Web Properties, you will remain responsible for your User Content. Your use of the Web Properties is subject to the additional disclaimers and caveats that may appear throughout the Web Properties. CritiqueMatch is not responsible for an individual's submissions, the quality of critiques and other actions of individual Users.
(e) Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Web Properties. If you are accessing the Web Properties on your mobile device, your network's data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Web Properties and any updates thereto. We do not guarantee that the Web Properties, or any portion thereof, will function on any particular hardware or devices. In addition, all Web Properties may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
(f) No Professional Advice. All information and resources found on or accessible through the Web Properties are based on the opinions of the author(s) unless otherwise noted. You acknowledge and agree that, by providing access to the Web Properties, we are not rendering or providing any professional opinions on any of the matters discussed or included on the Web Properties, and we will not be liable to anyone for any act or failure to act relating to any advice listed on or provided through the Web Properties, whether that advice is included in the Content provided by us or the comments or discussions of other Users of the Web Properties. We are not responsible for events arising from the distribution of any information that you choose to publicly post or share through the Web Properties.
4.11 Limitation of Liability. IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEB PROPERTIES, THE CONTENT, AND/OR THE USER CONTENT PROVIDED IN CONNECTION WITH THE WEB PROPERTIES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB PROPERTIES, THE CONTENT AND/OR ANY USER CONTENT PROVIDED ON OR THROUGH THE WEB PROPERTIES. IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE WEB PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL OR LOST PROFITS. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE WEB PROPERTIES AND/OR ANY CONTENT. WE ARE NOT RESPONSIBLE FOR (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY SHALL BE LIMITED TO THE GREATER OF (i) THE AMOUNT THAT YOU PAID FOR THE SERVICES THAT YOU RECEIVED THROUGH THE WEB PROPERTIES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY BEFORE YOUR CLAIM AROSE, OR (ii) $1,000. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM ONE STATE OR JURISDICTION TO ANOTHER.
4.12 Third Party Content and Third Party Applications.
(a) Generally. We may provide hyperlinks to other websites maintained by third parties, or we may provide third party content on the Web Properties by framing or other methods (collectively, "Third Party Content"). In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (collectively, "Third Party Applications"). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The links to third party websites, any Third Party Content, and any Third Party Applications are provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Application, which at all times and in each instance is provided "as is." If you decide to access any of the third party websites linked to the Web Properties, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk. If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Web Properties.
(b) Affiliate Links. The Web Properties may include links to one or more Third Party Applications or to Third Party Content that might entitle CritiqueMatch to be paid a fee if a User clicks on the link and purchases products or services. CritiqueMatch will endeavor to clearly mark those links as such when this is the case.
(c) Webinars and Special Events. From time to time, CritiqueMatch may host webinars and events featuring third-party speakers on the Web Properties (“Guest Speaker Content”). Guest Speaker Content is provided for information purposes only. We make no representation or warranty in connection with any Guest Speaker Content or its accuracy or completeness. Any opinions expressed by a third party during a webinar or special event are those of the third party and not shared or endorsed by CritiqueMatch.
4.13 Intellectual Property. The Content of the Web Properties is intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content and/or User Content may be reproduced in any form or by any means, except as provided in Section 4.2 (Web Properties Use and Content) and elsewhere in these Terms. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on the Web Properties. All trademarks and service marks of CritiqueMatch that may be referred to on the Web Properties are the property of CritiqueMatch or one of our affiliates. Other parties' trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates', trademarks, service marks, logos, or copyrighted materials without our prior written permission.
4.14 Copyright Complaints. We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. We will respond to allegations of copyright infringement. A copyright owner may file a takedown notice with an online service provider of an alleged copyright infringement. During this process, the service provider responds by taking down the alleged infringing content, and takes reasonable steps to contact the owner of the removed content so that a counter-notification may be filed, if appropriate. If a valid counter-notification is filed, we typically will restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. We may provide copies of such notices to the affected parties or to any other third parties, at our discretion and as required by law. Our Privacy Policy does not apply to any information contained in these notices.
When notifying us of potential infringement, you must include the following:
- identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works are involved, then a representative list of those works on the Web Properties;
- identification of the allegedly infringing material that is to be removed;
- information reasonably sufficient to permit us to locate the allegedly infringing material on the Web Properties;
- contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address;
- a statement that the complaining party has a good faith belief that use of the material is in fact infringing and not authorized by the copyright owner, its agent, or the law;
- a statement, made under penalty of perjury, that the information set forth in the notification is accurate and, where relevant, that the complaining party is authorized to act on behalf of the copyright owner; and
- the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.
- identification of the allegedly infringing material that was removed or disabled;
- a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
- the signature, physical or electronic, of you or a person authorized to act on your behalf.
4.15 Termination of Service. We may suspend or terminate your right to access portions of the Web Properties at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other Users of the Web Properties, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers, or as we otherwise deem appropriate, in our sole discretion.
4.16 Additional Remedies. You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.
4.17 User Content Policy.
(a) The Web Properties may now or in the future permit you to upload or post to the Web Properties or otherwise submit to CritiqueMatch various forms of content, such as statements, reviews, ratings, opinions, text, graphics, questions, suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about you, or any other content of any kind whatsoever that you publish publicly, for example on our blog, or that you submit to us (collectively, "User Content"). For the avoidance of doubt, User Content does not include Authored Work. You retain all rights in and to your own Authored Works that you upload in order to share privately with individuals who will comment on and analyze your work. Authored Work should not be posted publicly, and it should only be shared with writing partners you have connected with to analyze and comment on your work.
(b) You warrant to CritiqueMatch that you own all rights in your User Content or all third party holders of rights in your User Content have validly and irrevocably granted to you the right to grant the rights and licenses set forth above. We do not claim ownership in your User Content. However, by submitting any User Content in any form to CritiqueMatch, in addition to other provisions of these Terms, you automatically grant CritiqueMatch, its affiliates, successors and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such User Content for the purpose of displaying and promoting such User Content on the Web Properties owned or operated by us, without further notice to you, or consent from you, and without any requirement to pay anything to you or anyone else. For the avoidance of doubt, we will NOT use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform your Authored Work. Such Authored Work will only be displayed to and used by the Users you choose to analyze and comment on your work, and we will only access such Authored Work in order to enforce these Terms and to fulfill our obligations hereunder.
(c) We reserve the right, in our sole discretion, to review and approve User Content before or after it is made available to other Users on the Web Properties. Please remember that, even if we review your User Content, you will be solely responsible for your User Content and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed on or through the Web Properties, and we expressly disclaim any and all liability in connection with User Content. You acknowledge that CritiqueMatch, our site moderators and our agents reserve the right, in our sole discretion, to refuse, move, and/or remove User Content available on or through the Web Properties that, in our judgment, does not comply with these Terms and any other rules of User conduct applicable to our Web Properties, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such User Content. You represent and warrant that neither your User Content nor your uploading, publishing or otherwise making available your User Content nor CritiqueMatch's use of your User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4.18 Code of Conduct.
(a) General Rules. In addition to the other requirements set forth herein, while using the Web Properties, you agree to abide by the following general rules:
- Any material you submit must be your own, or you must be authorized to submit such material.
- You are limited to one User Account per User.
- Critique reciprocation is required. If another User critiques/provides feedback on your Authored Work, reciprocation is expected, unless said User refuses. CritiqueMatch reserves the right to suspend or terminate Users who systematically do not return critiques to Users who critiqued their work.
- When providing feedback to another User, please give specific, actionable feedback. You are encouraged to highlight problematic areas and recommend ways for improvement. Please remember to do so without trying to alter another User's voice.
- Be polite. While the ultimate goal is to give constructive feedback, when done in writing, your tone can be misinterpreted. Please make a conscious effort to come across as encouraging while pointing out areas of improvement.
- Please respect people's opinions. Hearing that your hard work may be flawed can be discouraging. You have the right to disagree with a critique you received, but please try to be polite when responding.
- If a writing partner's style and tone does not work for you, thank them for their time and part ways after you’ve critiqued their work.
- Engaging in Prohibited External Communication, as described in Section 4.2(c).
- Sharing your critique partner's work with anyone, unless that partner has given you explicit written permission.
- Posting work that is not your own or plagiarizing other people's work.
- Using the Web Properties to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, color, ethnicity, national origin, age, gender, gender identity, gender expression, sexual orientation, disability, physical appearance, body size, or religion.
- Posting the same content repeatedly or spamming.
- Solicitation for any goods or services, other than those supported and facilitated by CritiqueMatch.
- Using the CritiqueMatch Web Properties for any unlawful activities or in violation of any laws, regulations, or contractual provisions, or to induce others to do or engage in the same.
- Providing User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, invasive of another's privacy, infringing of another's intellectual property rights, unlawful, or otherwise offensive, as determined by CritiqueMatch in its sole discretion.
4.20 Local Laws. We make no representation that any Content or materials on the Web Properties are appropriate or available for use in jurisdictions that are outside Sweden. Access to the Web Properties from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Properties from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
4.21 Export Restrictions. Any software and all underlying information and technology downloaded or viewed from any of the Web Properties or in connection with the services (collectively, the "Software or Technical Data") by you may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Web Properties, the Content, the User Content, and any of our products or services, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any country, or to any person, entity, or end-user subject to export controls.
4.22 Comments. By submitting comments, information or feedback (collectively, "Feedback") to us via the phone, through email and/or the Web Properties, you agree that the information submitted will be subject to our Privacy Policy. We may use Feedback in any manner that we may choose, including, but not limited to, the incorporation of suggested changes into our services and products, without notice or compensation to you.
Your Consent To These Terms of Service
By accessing and using the Web Properties, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Web Properties. Your use of the Web Properties following your acceptance of any amendment of these Terms will signify your assent to and acceptance of the revised Terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate, please let us know by sending your comments or requests to:
CritiqueMatch AB
Box 761, Sankt Göransgatan 67
112 38, Stockholm - Sweden
Phone: +46 73 491 8130
Email:
Copyright © 2022. CritiqueMatch AB. All Rights Reserved.
Effective as of: May 22, 2022