Welcome to ReviewSense. This agreement describes the legal framework in which you participate on ReviewSense, what your rights and responsibilities are and what you can expect from us.
You retain all ownership rights to content you publish on ReviewSense (your "Content"). However, you grant ReviewSense a nonexclusive, royalty-free, perpetual, irrevocable, and assignable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant ReviewSense and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose. We can publish all or teaser portions of your Content online and offline and permit others to do the same. We ask that you refer or provide links to ReviewSense if you choose to republish your Content elsewhere and that you do not publish the same items of Content on both ReviewSense and other product or service review or recommendation sites. We reserve the right to remove any Content from ReviewSense, pursuant to notice under this provision or otherwise.
If you believe content on ReviewSense infringes your copyright or other intellectual property rights, or is defamatory, you can contact our agent for service of notice at ReviewSense, P.O. Box 93124, Mountain View, CA 94039. Please make sure your notice meets the Digital Millennium Copyright Act requirements.
You can cancel your account at any time by contacting ReviewSense customer service. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement). ReviewSense may choose to assume that you intended to terminate your account if you do not access it for more than three months. Following termination of your account for any reason (including inactivity), at their sole option, ReviewSense and its licensees may continue or stop publicly displaying some or all of your Content.
You may modify the style sheet in any way you wish, but not the HTML. This may seem daunting at first if you’ve never worked this way before, but follow the listed links to learn more, and use the sample files as a guide.
You agree to comply with our site rules, including, specifically, the ReviewSense Privacy Policy, which are incorporated into this agreement, and with all laws and regulations applicable to your access and use of ReviewSense and publishing your Content. Unless we explicitly say otherwise, you may not use any automated means (such as scripts) to access ReviewSense or collect information from it.
WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF REVIEWSENSE, OUR SERVICES OR THIS AGREEMENT. IN ANY EVENT, BY ACCEPTING THE REVIEWSENSE TERMS OF USE YOU SPECIFICALLY AGREE THAT WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $500. YOU ALSO SPECIFICALLY AGREE THAT YOU SHALL NOT HOLD REVIEWSENSE LIABLE FOR CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH A DISPUTE WITH ANY OTHER USER OF REVIEWSENSE.
WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF REVIEWSENSE, OUR SERVICES OR THIS AGREEMENT. IN ANY EVENT, BY ACCEPTING THE REVIEWSENSE TERMS OF USE YOU SPECIFICALLY AGREE THAT WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $500. YOU ALSO SPECIFICALLY AGREE THAT YOU SHALL NOT HOLD REVIEWSENSE LIABLE FOR CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH A DISPUTE WITH ANY OTHER USER OF REVIEWSENSE.
This Agreement comprises the entire agreement between you and ReviewSense and supersedes all prior agreements between the parties regarding the subject matter contained herein. ReviewSense reserves the right to modify or discontinue the Service with or without notice to you. ReviewSense may change the terms and conditions of this Service Agreement from time to time. If you continue to use Services after such amendments become effective, you will be deemed to have agreed to be bound by the changes. If you do not agree to the new or different terms, then you agree not to use the Services. Your continued use of the Service constitutes an affirmative: (1) acknowledgment by you of this Service Agreement and its modifications; and (2) agreement by you to abide and be bound by this Service Agreement and its modifications. Except as set forth below, all notices to ReviewSense must be made in writing via conventional mail or email addressed to ReviewSense-fb@reviewsense.com. If you believe that any content posted on ReviewSense's website infringes any of your intellectual property rights or the intellectual property rights of any third party, you shall promptly provide the following notice in writing to ReviewSense to reviewsense-fb(at)reviewsense.com: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. ReviewSense may change this address at any time by posting a notice to its website. This Service Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws provisions thereof). In the event of a dispute, you and ReviewSense agree to submit to binding arbitration in California in accordance with the rules of the American Arbitration Association. If any provision(s) of this Service Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ReviewSense's failure to exercise or enforce any right or provision of this Service Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ReviewSense in writing. The section titles in this Service Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.
This agreement and our privacy policy (which is part of this agreement) constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters. We can amend this agreement either by emailing you about the amended terms, which take effect when we send you the email, or by displaying amended terms to you when you log in to ReviewSense, which take effect when we post them. Otherwise, this agreement may be amended only by a writing physically signed by both us and you.
General
REVIEWSENSE AND ITS SERVICES ARE PROVIDED "AS IS." We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. This agreement does not create any agency, partnership, JV, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with ReviewSense. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. Our suppliers are third-party beneficiaries of this agreement.