Terms and Conditions for using Review Fuse

Terms and Conditions

Yawn....

This page is boring.

Acceptance of Terms

Review Fuse provides a collection of online resources that allow users to upload images and text, comment on other postings, rate postings and transmit postings (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by Review Fuse from time to time. Review Fuse will provide notice of materially significant changes to the Term by posting notice on the Review Fuse site. By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular Review Fuse services, you agree to abide by any applicable posted guidelines for all Review Fuse services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Review Fuse in any way, your only recourse is to immediately discontinue use of Review Fuse.

Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such content originated. More specifically, you are entirely responsible for all content that you post, email or otherwise make available via the Service. You understand that Review Fuse does not control, and is not responsible for content made available through the Service, and that by using the Service, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Review Fuse site and content available through the Service may contain links to other websites, which are completely independent of Review Fuse. Review Fuse makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will Review Fuse be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the Service. You acknowledge that Review Fuse does not thoroughly pre-screen or approve content, but that Review Fuse shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

Copyright

The materials and content displayed on this web site, that are not member upload items, including but not limited to text, software, graphics, video, music, sound, names, logos, trademarks and service marks are the property of ReviewFuse.com and are protected by copyright, trademark, patent or other intellectual property laws. Members agree to not upload post or transmit any material for which they do not hold legal copyright. Members maintain the copyrights to their content.

Notification of Infringement Claims

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Review Fuse via email immediately at the Report Copyright Infringements page and provide the following information:

  • Identify the material on ReviewFuse.com that you claim is infringing and provide enough detail for us to locate it
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner
  • Your address, telephone number, email address and your physical or electronic signature.

We will remove the infringing content subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Privacy and Information Disclosure

Review Fuse has established a Privacy Policy to explain to users how their information is collected and used. Your use of the Review Fuse website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Review Fuse may, in its sole discretion, preserve or disclose your content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any content violates the rights of third-parties; or protect the rights, property, or personal safety of Review Fuse, its users or the general public.

Conduct

You agree not to post, email, or otherwise make available content: that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way; that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that impersonates any person or entity, including, but not limited to, a Review Fuse employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; that includes personal or identifying information about another person without that person's explicit consent; that is false, deceptive, misleading, deceitful or misinformative; that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; that constitutes or contains "affiliate marketing", "link referral code", "junk mail", "spam", "chain letters", "pyramid schemes" or unsolicited commercial advertisement; that constitutes or contains any form of advertising or solicitation; that includes links to commercial services or web sites; that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by law; that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to ReviewFuse.com, or that otherwise negatively affects other users' ability to use ReviewFuse.com; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service. Additionally, you agree not to: contact anyone who has asked not to be contacted; "stalk" or otherwise harass anyone; collect personal data about other users for commercial or unlawful purposes; use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from ReviewFuse.com (an exception is made for internet search engines such as Google and Yahoo); impose an unreasonable or disproportionately large load on our infrastructure; or attempt to gain unauthorized access to ReviewFuse.com computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the ReviewFuse.com website.

Limitations on service

You acknowledge that Review Fuse may establish limits concerning use of the Service, including the maximum number of days that content will be retained by the Service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Service. You agree that Review Fuse has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You acknowledge that Review Fuse reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Review Fuse shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination of service

You agree that Review Fuse, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Review Fuse believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Review Fuse shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

Peer reviews

Reviewers must offer constructive criticism to the creators of the works they review. Creators will rate the reviews they receive on a 1 to 5 scale, 1 being poor and 5 being excellent, based on the quantity and quality of the constructive criticism in each review. Reviewers must maintain an average score of at least 2 on the reviews they provide to creators. If a reviewer's average review score is lower than 2 an audit will be conducted to determine if the reviewers account should be terminated. Refunds will not be granted if an account is terminated for providing poor reviews.

All suggestions, comments, and ideas submitted by reviewers become the sole property of the person whose work is reviewed and may be used by said person to revise, edit, and improve reviewed work or other works in any way they deem appropriate.

Dealings with organizations and individuals

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Review Fuse shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Review Fuse is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Review Fuse, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

Proprietary rights

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although Review Fuse does not claim ownership of content that its users post, by posting content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Review Fuse an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, display, and distribute said Content.

Disclaimer of Warranties

YOU AGREE THAT USE OF THE Review Fuse SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Review Fuse SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Review Fuse DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Review Fuse SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Review Fuse DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Review Fuse SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Review Fuse SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Review Fuse DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Review Fuse SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL Review Fuse BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Review Fuse HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Review Fuse SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Review Fuse SITE OR THE SERVICE, FROM INABILITY TO USE THE Review Fuse SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Review Fuse SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Review Fuse SITE OR THE SERVICE OR ANY LINKS ON THE Review Fuse SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Review Fuse SITE OR THE SERVICE OR ANY LINKS ON THE Review Fuse SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnity

You agree to indemnify and hold Review Fuse, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

General information

The Terms constitute the entire agreement between you and Review Fuse and govern your use of the Service, superseding any prior agreements between you and Review Fuse. The Terms and the relationship between you and Review Fuse shall be governed by the laws of the United States of America without regard to its conflict of law provisions. You and Review Fuse agree to submit to the personal and exclusive jurisdiction of the courts located within Salt Lake City, Utah. The failure of Review Fuse to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violations of Terms and Liquidated Damages

Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to abuse@ReviewFuse.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Review Fuse liquidated damages as follows:

  • If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Review Fuse one thousand dollars (US$1000) for each such message.
  • If you send unsolicited email advertisements to Review Fuse email addresses or through Review Fuse computer systems, you agree to pay Review Fuse one hundred dollars (US$100) for each such email.
  • If you post messages in violation of these Terms of Use, other than as described above, you agree to pay Review Fuse one hundred dollars (US$100) for each such message. In its sole discretion, Review Fuse may elect to issue a warning before assessing damages.

Otherwise, you agree to pay ReviewFuse.com actual damages, to the extent such actual damages can be reasonably calculated.