DESCRIPTION
Welcome to the AutoCrit.com web site (the “Site”). The term “AutoCrit”, “AutoCrit Writing Center” or “us” or “we” or “our” refers to AutoCrit. The term “you” refers to the user or viewer of the Site.
ACCEPTANCE OF TERMS
Your use of the Site is subject to the terms of this User Agreement, as updated by us from time to time, and the then current rules and policies posted on the Site, all of which are hereby incorporated by reference. We will endeavor to notify you of changes to the User Agreement by posting to the main page of the Site, but we are not liable for failure to note changes to the User Agreement. The most current version of the User Agreement is posted at the bottom of the page on the Site. In the event of any conflict or inconsistency between the terms of this User Agreement and the rules and policies posted on the Site, the Site rules and policies shall govern.
FEES
Your use of the Site is subject to your timely payment of the fees, where applicable, posted on the Site.
USE OF THE SITE
You agree not to utilize or otherwise access the Site for any unlawful purpose or for any purpose that encourages or facilitates unlawful or criminal conduct or to post or transmit any material that is in any way infringing or otherwise in violation of the rights of others, including but not limited to engaging in conduct that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You further agree not to utilize the Site for the purpose of advertising or solicitation without the express prior written consent of AutoCrit, and you agree not to use the Site to promote other on-line services that are competitive with AutoCrit or the Site.
COPYRIGHTED MATERIAL
Writers retain copyright to their original content that they post to the Site. AutoCrit owns a copyright in all aspects of the Site original to it, including but not limited to, selection, coordination, arrangement and enhancement of the Site, as well as in AutoCrit’s original content on the Site.
POSTING OF CONTENT
You shall not post or otherwise make available on the Site any material which is protected by a copyright, trademark or other proprietary right other than your own. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission, and such liability shall survive any termination of this User Agreement or your use of the Site. Please note, fan fiction and other forms of writing which include the use of characters, places, or other elements copyrighted by someone other than you are not allowed on the Site.
YOUR USE OF CONTENT
You shall not use Content or the Site in any manner except as expressly permitted by this User Agreement or any rules and policies posted on the Site.
CHANGES TO THE SITE
All features of the Site are subject to availability, and AutoCrit and its owners and operators shall have no liability in connection with the temporary or permanent unavailability of particular features of the Site. AutoCrit may, at any time, without liability, change or discontinue any aspect or feature of the Site without notice, including, but not limited to, content, hours of availability, and equipment needed for access or use.
SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY
Members of the Site are required to complete the Site’s registration process. Your membership to the Site is not transferable or assignable. You maintain full responsibility for maintaining the confidentiality of your password and account and for all activities that occur under your password or account. You shall not permit (a) any other person to use your password or to access the Site under your registered user name; or (b) access through a single name being made available to multiple users on a network. You agree to (i) immediately notify AutoCrit of any unauthorized use of your password or account or any other breach of security by e-mailing the AutoCrit administrators, and (ii) ensure that you exit from your account at the end of each session if your computer will be used by others. AutoCrit bears no responsibility for your failure to comply with this section or to take appropriate security measures.
YOUR REGISTRATION OBLIGATIONS
You agree to: (a) abide by the terms of the User Agreement and all other rules and policies posted on the Site; (b) honor the requests made by AutoCrit and its agents with respect to your actions on the Site; (c) provide us with accurate, complete registration information, when registering as user of the Site; and (d) check for updates and update notices of the User Agreement and the rules and policies posted on the Site.
LINKS TO OTHER WEB SITES
The Site may contain links to other web sites. Inclusion of any linked web site to our Site does not imply approval or endorsement of the linked web site by us. We are not responsible for the content, accuracy, or opinions expressed in such web sites, and such web sites are not investigated, monitored, or checked for accuracy or completeness by us. Links to other web sites are provided solely as pointers to information on topics that may be useful to the users of our Site.
TERMINATION
You agree that AutoCrit may, in its sole discretion and without liability, terminate your membership to the Site with or without notice, if AutoCrit believes, in its sole discretion, that you have violated or acted inconsistently with the letter or spirit of the User Agreement or the Site rules and policies or that your activity interferes with proper use of the Site by others. All provisions of this User Agreement which by their nature are intended to survive the termination of your membership or this Agreement, including but not limited to the clause below “DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION” shall survive any such termination.
DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION
THE SITE AND ALL FEATURES THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW. NEITHER AUTOCRIT, NOR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, OPERATORS, PARTNERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSORS, SUCCESSORS, ASSIGNS, AFFILIATES, OR THIRD PARTY SUPPLIERS (COLLECTIVELY “AFFILIATED PARTIES”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILIITY OF ANY INFORMATION OBTAINED FROM THE SITE, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AUTOCRIT OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCUDING BUT NOT LIMITED TO LOST BUSINESS OR LOST PROFITS) OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT CONTAINED ON THE SITE, OR IN CONNECTION WITH AUTOCRIT COMPETITION OR THE PAID REVIEWER PROGRAM OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER AUTOCRIT NOR ITS AFFILIATED PARTIES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN THE EVENT THE ABOVE LIMITATION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF AUTOCRIT AND ITS AFFLIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED FIFTY US DOLLARS ($50), AND SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST AUTOCRIT OR ITS AFFILIATED PARTIES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AUTOCRIT AND ITS AFFILIATED PARTIES FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITY AND EXPENSES (INCLUDING ATTORNEYS’ FEES), ARISING OUT OF OR IN CONNECTION WITH YOUR VIOLATION OF THIS USER AGREEMENT OR YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY MATERIAL YOU POST TO THE SITE OR YOUR PARTICIPATION IN AUTOCRIT COMPETITION.
MISCELLANEOUS
This User Agreement and any rules and policies, as amended from time to time, that are established by AutoCrit and posted on the Site constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, representations, warranties and understandings with respect to the Site, the Content, and the subject matter of this User Agreement. This User Agreement shall be construed in accordance with the laws of the Province of British Columbia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Should any part of this User Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
TRADEMARKS
AutoCrit and each of its logos are trademarks of AutoCrit. All rights reserved. Trademarks appearing on the Site are the property of their respective owners.
