We may modify the Terms from time to time and each modification will be effective when it is posted on the Service. You agree to be bound to any changes to the Terms through your continued use of the Service.
The Service is a user-driven collection of product reviews, recommendations and advice. Simply put, we offer users the opportunity to post tailored, specific questions to the community about products and provide a platform for the community to submit recommendations and advice (moderated by us). We may also offer our own recommendations, advice or reports generated through our proprietary research and technology. To use our Service you must be of sufficient legal age and able to enter into binding contracts, and have full power and authority to agree to these Terms.
Critic.ly is user-supported. Links to products offered for sale by third party websites including without limitation Amazon.com are expressly excluded from user Stuff. We may have the right to earn fees through affiliate advertising programs with such third party entities, and as a result reserve the right to modify such links to enable us to earn affiliate commissions that support the operation of the Service.
Your Personal Information
You are responsible for ensuring that any personal information you provide is accurate and up to date. We may verify the accuracy of the information you provide at any time. You are responsible for creating a secure password and protecting it from unauthorized access. You will notify us immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You will be held responsible for any activity that occurs under your user identification. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Service by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Service that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
If and when you contribute Stuff to our Service, you agree to the following terms:
Your Stuff always belongs to you. You retain copyright and any other rights you already hold in Your Stuff, but by uploading, posting, contributing, or otherwise providing Your Stuff to us, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit Your Stuff in connection with the Service and our (and our successors' and assigns') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) or the Service in any media formats, and through any media channels (including, without limitation, third party services). For clarity, the foregoing license grant does not affect your other ownership or license rights in Your Stuff, including the right to grant additional licenses to the material in Your Stuff, unless otherwise agreed in writing. We will encourage any third parties to whom we sublicense Your Stuff to attribute you, in addition to us, but you acknowledge that this may not always be possible depending on the context.
Removal of Your Stuff
You may unregister with us at any time by entering your request in the feedback form[e], after which we will use commercially reasonable efforts to stop displaying any of your public account information. Disabling your account anonymizes Your Stuff but does not automatically remove it. Because other Critic.ly users may have acted on Your Stuff, you may not be able to remove or edit Your Stuff once you've contributed it to us, and we cannot guarantee complete removal.
We may monitor and review your account, Your Stuff and your activity for compliance with these Terms, and may remove or disable your account or Stuff for any reason, including, but not limited to, violation of Terms, alleged infringement or verbal, physical, written or other abuse of another user, employee, member or officer. We will do our best to communicate with you via your registered email address prior to removal of your account or your Stuff, but are not obligated to do so and cannot be responsible for failure to reach you via email.
We cannot guarantee access to your account or Your Stuff. We reserve the right to reclaim any username created by a user on behalf of businesses or individuals that hold legal claim or trademark on that username. We also reserve the right to reclaim any username that has been inactive for 6 months or more, and your account may be permanently disabled due to prolonged inactivity.
Guidelines, Fees, Rights and Remedies
Users may access and make personal use of this Service, whether as a registered or unregistered user. Users may not modify the Service, or any portion of it, except with our express written consent.
You are responsible for any fees charged by your internet service provider or mobile carrier for using the Service, including, but not limited to data transfer fees.
You agree that you will not use or attempt to use this Service for any purpose other than for viewing or posting product reviews, advice or recommendations or otherwise conducting legitimate business on the Service; you may not (and may not allow any third party to) use or attempt to use this Service or upload, download, post, submit or otherwise distribute or facilitate distribution of content on or through the Service for any purpose:
We can at any time and for any reason or for no reason at all, in our sole discretion and without notice to you, to deny your access to and use of this Service.
Intellectual Property Rights
We own and retain all proprietary rights in the Service. The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent, unless it is in the public domain. You may not, without our express written consent:
Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of us or third parties, and any unauthorized use terminates your permission to use the Service.
All content included on this Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of us or our content/software suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of us and protected by U.S. and international copyright laws. All software used on this site is the property of us or our software suppliers and protected by United States and international copyright laws. The marks appearing on this Service, including but not limited to Critic.ly or GetHuman and any respective logos, emblems, slogans and designs, are our trademarks. All other marks used on this Service are the property of their respective owners.
Notice and Take Down Procedures
If you believe any post or information on the Service infringes your copyright or trademark rights, you may request such content be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact our copyright agent (identified below) and provide the following information:
Our agent for notice of copyright issues on the Service can be reached as follows:
GetHuman Inc. Attn: Copyright Agent 800 Boylston Street, Ste 300 co PIH Boston, MA 02199
If you are not sure whether material available online infringed your copyright, we suggest that you first contact an attorney.
Linking to Third Party Websites
For your convenience, the Service (whether through user posts or through Critic.ly) may provide links to reviewed or recommended products. We may receive sales commissions from third parties whose products or services you purchased through a link on our Service. Such commissions enable us to operate the Service. However, unless expressly stated otherwise, we does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, or products available at or through any linked websites. By using the Service you acknowledge and agree that we will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, or products. You should carefully review each website's privacy statements and conditions of use to understand your rights and responsibilities.
For Our Protection
You agree to indemnify and hold Critic.ly, GetHuman, its subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of your Stuff, Account, use of the Service, or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Service.
Disclaimer & Limitation of Liability
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS TO (1) THE OPERATION OF THE SERVICE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF Critic.ly OR ANY USER OR OTHER CONTENT ON THE SERVICE, OR THE INFORMATION, USER OR OTHER CONTENT, OR PRODUCTS INCLUDED ON THE SERVICE, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THIS SERVICE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SERVICE, OR ANY USER STUFF OR CONDUCT. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, INFORMATION, OR USER STUFF OR CONDUCT WILL BE AT YOUR SOLE RISK.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE INFORMATION CONTAINED ON THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US $1.00).
Some states do not allow the limitation of liability, so the limitations above may not apply to you.
We may, in our sole discretion, terminate or suspend your access to all or part of the Service, for any reason. The restrictions regarding content appearing on the Service, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination. In the event that you are unsatisfied with our services, your sole remedy is to terminate your use of the Service.
Jurisdiction & Severability
We operate the Service from our offices within the United States. We make no representations that content and materials on the Service are legal or appropriate for use from outside the United States. If you choose to access the Service from other locations, you consent to the transfer of your information to the United States for storage, processing and use by us and are responsible for compliance with any and all laws in your jurisdiction of residence. You may not use the Service in violation of U.S. export laws and regulations.
These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.
These Terms will be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts. Any action brought to enforce these Terms or matters related to the Service will be brought in either the State or Federal Courts of the Commonwealth of Massachusetts. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.
If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and us concerning your use of the Service.
How to Contact Us
Should you want to talk to us about these Terms, please contact us at:
GetHuman Inc. Attn: Copyright Agent 800 Boylston Street, Ste 300 co PIH Boston, MA 02199
Last updated: June 2019