WEB SITE CONTENT
You shall not copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any portion of the Web Site or Your rights in licenses thereto, or use any portion of the Web Site to perform services for third parties.
By submitting or sending User Content to Brief Critique or otherwise making User Content available for display on or through the Web Site, You grant Brief Critique, its affiliates, and any third party suppliers, vendors, contractors, licensors or service providers of Brief Critique ("Suppliers") the royalty-free, world-wide, non-exclusive license for Brief Critique and its Suppliers to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such User Content (in whole or part) as required to operate the Web Site.
You may not upload post, email or otherwise transmit any User Content on or through the Web Site that:
1. is Objectionable;
2. contains any viruses, time bombs, Trojan horses, worms or other computer programming routines that may damage or interfere with the operations of the Web Site;
3. is knowingly untrue, inaccurate or misleading; or
4. interferes with the operation of the Web Site in any manner.
"Objectionable" means, as to any information in any medium or format, including without limitation text, data, graphics, audio or video, content (or use of the content) that: (a) is defamatory, unlawful, or plagiarized; (b) a reasonable person would consider harassing, abusive, threatening, obscene, hate speech, or racially or ethnically offensive; (c) constitutes a breach of any person's privacy or publicity rights; (d) violates any statute, regulation or ordinance; or (e) promotes software or services that deliver unsolicited mail.
You further agree that You will not:
1. use the Web Site, or any part thereof, to "stalk" or harm any other User or any other person in any way;
2. impersonate any person or entity, including, but not limited to, a Brief Critique officer, director, or representative, or falsely state or otherwise misrepresent Your affiliation with
3. a person or entity;otherwise manipulate identifiers in order to disguise the origin of any falsify headers or User Content transmitted on or through the Web Site;
4. disrupt the normal flow of dialogue in a forum;
5. interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site;
6. "hack," infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Web Site;
7. harvest, collect or store information about the Users of this Web Site or the User Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site;
8. use any automated procedure to gather information or data on or from the Web Site by means of what is commonly called a "bot" or otherwise;
9. breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Web Site or that of any third party that is hosting or interfacing with any part of the Web Site, or use or distribute on the Web Site software or other tools or devices designed to compromise privacy or security; or
10. Create any frames at any other Web sites pertaining to or using any of the information provided through the Web Site, or promotes bonus items, giveaways, random drawings, contests or prizes on the Web Site.
Brief Critique may provide links to third parties' Web sites and access to content, products and services from third parties ("Linked Sites") from the Web Site. Linked Sites are not reviewed, controlled or examined by Brief Critique in any way and Brief Critique is not responsible or liable for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Brief Critique endorsement of, or association with, the Linked Sites. You should refer to the policies posted by such Linked Sites regarding data collection, privacy and other topics before You use them. Brief Critique may refer to or list third parties on the Web Site who maintain separate web sites. You should refer to the policies posted by such third parties on their web sites regarding data collection, privacy and other topics before you use them.
DISCLAIMER OF WARRANTIES
THIS WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, BRIEF CRITIQUE AND ITS AFFILIATES, SUBSIDIARIES, AGENTS, SUPPLIERS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS OR TIMELINESS, USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE, OR OTHERWISE OF THE WEB SITE AND THE WEB SITE CONTENT THEREON; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, QUIET ENJOYMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE WEB SITE WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE.
LIMITATION OF LIABILITY
IN NO EVENT WILL BRIEF CRITIQUE, OR ITS AFFILIATES, SUBSIDIARIES, AGENTS, SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF USE, TRANSACTION LOSSES, LOSS OF A CHANCE, OPPORTUNITY COSTS, COSTS OF PROCURING SUBSTITUTE GOODS, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF BRIEF CRITIQUE OR ITS REGISTERED AGENT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION.
If You believe that any content on the Web Site has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please notify Brief Critique at
You shall not issue any press release or any other public statement regarding the subject matter herein or in any other Brief Critique terms and conditions without the prior written consent of Brief Critique. Your failure to obtain the written consent of Brief Critique prior to issuing a press release or any other public statement shall be grounds for prohibiting your access to any Feature and other areas of the Site. You acknowledge that Brief Critique may also seek, without waiving any other rights or remedies, such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
APPLICABLE LAWS & JURISDICTION
Brief Critique controls and operates this Web Site from its offices in the United States of America. Persons who choose to access this Web Site from other locations do so on their own initiative. You are responsible for compliance with all statutes, rules, regulations and policies of all applicable worldwide jurisdictions and the instrumentalities and political subdivisions thereof.
Any controversy or claim arising out of or relating to this Agreement or any Feature shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, NY, and the judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Brief Critique may seek interim or preliminary relief from a court of competent jurisdiction in New York, NY necessary to protect the rights or property of you or Brief Critique pending the completion of arbitration.