Criticeye Web Site Agreement
The criticeye.com Web Site (the "Site") is an online information
service provided by Criticeye ("criticeye.com"), subject to your
compliance with the terms and conditions set forth below. please read
this document carefully before accessing or using the site. by
accessing or using the site, you agree to be bound by the terms and
conditions set forth below. if you do not wish to be bound by these
terms and conditions, you may not access or use the site. [url] may
modify this agreement at any time, and such modifications shall be
effective immediately upon posting of the modified agreement on the
site. you agree to review the agreement periodically to be aware of
such modifications and your continued access or use of the site shall
be deemed your conclusive acceptance of the modified agreement.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are criticeye.com, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD,
POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not to
change or delete any copyright or proprietary notices from the
materials. You agree to grant to [URL] a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or
improved products and services) you submit to any public areas of the
Site (such as bulletin boards, forums and newsgroups) or by e-mail to
[URL] by all means and in any media now known or hereafter developed.
You also grant to criticeye.com the right to use your name in
connection with the submitted materials and other information as well
as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse
against criticeye.com for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
criticeye.com.
TRADEMARKS
Publications, products, content or services referenced herein or on the
Site are the exclusive trademarks or servicemarks of criticeye.com.
Other product and company names mentioned in the Site may be the
trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by criticeye.com, does not
operate, control or endorse any information, products or services on
the Internet in any way. Except for criticeye.com- identified
information, products or services, all information, products and
services offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with criticeye.com a.
You also understand that criticeye.com cannot and does not guarantee or
warrant that files available for downloading through the Site will be
free of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any
lost data.
You assume total responsibility and risk for your use of the site and
the internet. criticeye.com provides the site and related information
"as is" and does not make any express or implied warranties,
representations or endorsements whatsoever (including without
limitation warranties of title or noninfringement, or the implied
warranties of merchantability or fitness for a particular purpose) with
regard to the service, any merchandise information or service provided
through the service or on the internet generally, and criticeye.com
shall not be liable for any cost or damage arising either directly or
indirectly from any such transaction. It is solely your responsibility
to evaluate the accuracy, completeness and usefulness of all opinions,
advice, services, merchandise and other information provided through
the service or on the internet generally. criticeye.com does not
warrant that the service will be uninterrupted or error-free or that
defects in the service will be corrected.
You understand further that the pure nature of the internet contains
unedited materials some of which are sexually explicit or may be
offensive to you. Your access to such materials is at your risk.
criticeye.com has no control over and accepts no responsibility
whatsoever for such materials.
Limitation of liability
In no event will [url] be liable for (i) any incidental, consequential,
or indirect damages (including, but not limited to, damages for loss of
profits, business interruption, loss of programs or information, and
the like) arising out of the use of or inability to use the service, or
any information, or transactions provided on the service, or downloaded
from the service, or any delay of such information or service. Even if
criticeye.com or its authorized representatives have been advised of
the possibility of such damages, or (ii) any claim attributable to
errors, omissions, or other inaccuracies in the service and/or
materials or information downloaded through the service. Because some
states do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply
to you. In such states, criticeye.com liability is limited to the
greatest extent permitted by law.
criticeye.com
makes no representations whatsoever about any other web site which you
may access through this one or which may link to this Site. When you
access a non- criticeye.com web site, please understand that it is
independent from criticeye.com, and that criticeye.com has no control
over the content on that web site. In addition, a link to a
criticeye.com web site does not mean that criticeye.com endorses or
accepts any responsibility for the content, or the use, of such web
site.
3. Indemnification.
You agree
to indemnify, defend and hold harmless criticeye.com, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of criticeye.com and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of USA applicable to agreements made and to be performed in
USA. You agree that any legal action or proceeding between
criticeye.com and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in USA . Any
cause of action or claim you may have with respect to the Service must
be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. criticeye.com's
failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement.
criticeye.com may assign its rights and duties under this Agreement to
any party at any time without notice to you.
Any rights not expressly granted herein are reserved.