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 requests a quote from a Pro-Critiquer (as
defined below) for those services.
1.1
Payments to Pro-Critiquers outside CritiqueMatch. Payments between users and Pro-Critiquers
happen outside the CritiqueMatch platform. The CritiqueMatch web properties facilitate requesting service
quotes and the exchange of Authored Work and Critique files between Clients and Pro-Critiquers . However,
all payments and contracts between Clients and Pro-Critiquers happen outside the platform and CritiqueMatch
holds no responsibility for such transactions.
1.2
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 advertise their
Pro-Critiquer profile to Clients. Pro-Critiquers show the prices for their services as either a flat fee or
a fixed rate for each one thousand (1000) words of an Authored Work as determined solely by the
Pro-Critiquer. Payments are agreed between Client and Pro-Critiquer and happen outside the CritiqueMatch
platform. 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. Additionally, users
must provide sample critiques for the services they wish to offer. 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 an advertising platform for
Pro-Critiquers’ profile and services where Users can contact them, but does not collect payments or is
otherwise a contractual entity in any orders that take place between Users and Pro-Critiquers outside the
platform. As a platform provider, we are not a party to those contracts.
2.3
Payment and Fees. Pro-Critiquers set their own Prices and may change them at any time.
CritiqueMatch does not collect payments for services provided by Pro-Critiquers to Clients. Instead,
CritiqueMatch charges Pro-Critiquers a flat subscription amount as defined on the website for the right to
advertise their profile to all users on CritiqueMatch.
2.4
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 to advertise their services on CritiqueMatch and find new Clients. CritiqueMatch does
not introduce Pro-Critiquers to Clients, find Projects for Pro-Critiquers, or find Pro-Critiquers for
Clients, nor does it facilitate the payments between Clients and Pro-Critiquers. 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
Clients decide to enter into a Service Contract and render payments outside CritiqueMatch, the Service
Contract is directly between the Pro-Critiquers and Clients; 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 outside of CritiqueMatch. 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.
CritiqueMatch does not resolve disputes between Clients and Pro-Critiquers as all service contracts and
payments between them happen outside the Web Properties and CritiqueMatch has no oversight or control of
those contracts.
3.2
Cancellation Policy.
3.2.1. Subscription Cancellation
- Users, including Pro-Critiquers, can cancel their subscription at any time through the Stripe payment
portal or by contacting CritiqueMatch support.
- Cancellation of the subscription will prevent future charges but does not provide a refund for any
unused portion of the subscription term.
- Upon cancellation, users will retain access to the services and benefits of their subscription until
the end of the current billing period (annual or quarterly).
3.2.2. No Refund Policy
- CritiqueMatch operates on a no-refund policy.
- Payments made for subscriptions as advertised on the CritiqueMatch Website, are non-refundable,
including but not limited to:
- Early termination of a subscription.
- Dissatisfaction with the service during the subscription term.
- Inadvertent renewal due to failure to cancel the subscription prior to the renewal date.
3.2.3. Renewal Policy
- Subscriptions renew automatically at the end of the billing period (annually or quarterly) unless the
user cancels their subscription before the renewal date.
- Renewal charges are non-refundable once processed.
3.2.4. Service Termination by CritiqueMatch
- In cases where CritiqueMatch terminates a user’s subscription due to a violation of our terms of
service, no refunds will be provided.
- If CritiqueMatch terminates a user’s subscription for reasons unrelated to a terms violation (e.g.,
discontinuation of the service), a prorated refund for the unused portion of the subscription term may
be provided at CritiqueMatch's sole discretion.
3.2.5. Exceptions
- Refunds will only be considered in exceptional cases where required by applicable laws (e.g., specific
consumer protection laws in your jurisdiction).
- Users must submit a formal request for consideration of an exception via
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.
4.3
Representations and Warranties.
(a) Each User represents, warrants and undertakes to CritiqueMatch that:
i. the subscription fees charged by CritiqueMatch are reasonable and proportionate under the
circumstances;
ii. the information that the User provides to CritiqueMatch and any other User is accurate and
complete in all respects; and
iii. are not employed by CritiqueMatch;
4.4
Updates. We may make changes to the Web Properties, the Content, the User Content (as defined
below) or these Terms or stop providing any of the Web Properties and/or the Content at any time and without
further notice to you. We will make an effort to update the Web Properties with any changes to these Terms,
and you are encouraged to review these Terms frequently. Your continued access or use of the Web Properties
after such posting constitutes your consent to be bound by the Terms, as amended.
4.5
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.
4.6
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.
4.7
Objectionable Material. YYou 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.
4.8
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.
4.9
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.
4.10
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.
4.11
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.
4.12
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.
4.13
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.
A provider of content subject to a claim of infringement may make a counter-notification. To file a
counter-notification with us, please provide a written communication containing the following:
- 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.
We will promptly provide the party that provided the notice of alleged infringement with a copy of the
counter-notification, and inform the complaining party that we intend to restore the removed or disabled
content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten
(10) business days after we provide notice of the counter-notification, we will restore the removed or
disabled content. Until that time, your content will remain removed or disabled. Notice of alleged
infringement must be sent by electronic mail at
, or by certified mail and
marked "Copyright Infringement" at Box 761 Sankt Göransgatan 67, 112 38, Stockholm - Sweden. Before filing
notice of copyright infringement, you must make a careful determination as to whether or not the use of the
material at issue is or may be protected by the "fair use" doctrine. You could potentially be held liable
for costs and attorneys' fees should you file a takedown notice where there is no infringing use. If you are
unsure whether there is infringement, it may be advisable to seek legal counsel.
4.14
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.
4.15
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.
4.16
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.
4.17
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.
(b)
Prohibited Activities. In addition to the other restrictions set forth herein, while using the
Web Properties, you agree that you will not engage in the following activities:
- 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.
4.18
Governing Law; Jurisdiction and Venue. You agree that all matters relating to your access to, or
use of, the Web Properties will be governed by the Swedish law, without regard to any conflict of laws
principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of Swedish Courts
with respect to such matters.
4.19
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.
4.20
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.
4.21
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,
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 © 2025. CritiqueMatch AB. All Rights Reserved.
Effective as of: February 1, 2025