Terms of Service

1. Your Acceptance

1. By using or visiting the Criteek website or any Criteek products, software, data feeds, and services
provided to you on, from, or through the Criteek website (collectively the “Service”) you signify your
agreement to (1) these terms and conditions (the “Terms of Service”), (2) Criteek’s Privacy Policy,
found at http://www.Criteek.com/t/privacy and incorporated herein by reference, and (3) Criteek’s
Community Guidelines, listed here (link to Community Guidelines):
To report a specific abuse incident or if your content was flagged and you need assistance contact
reviewersupport@criteek.com and include your full name.
2. If you do not agree to any of these terms, the Criteek Privacy Policy, or the Community Guidelines,
please do not use the Service.
3. Although we may attempt to notify you when major changes are made to these Terms of Service,
you should periodically review the most up-to-date version http://www.Criteek.com/t/terms).
Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

2. Service

1. These Terms of Service apply to all users of the Service, including users who are also contributors of
Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds,
music, videos, audiovisual combinations, interactive features and other materials you may view on,
access through, or contribute to the Service. The Service includes all aspects of Criteek, including but
not limited to all products, software and services offered via the Criteek website, such as the Criteek
channels, the Criteek video widget used in external sites “(Video Widget)” and other applications.
2. The Service may contain links to third party websites that are not owned or controlled by Criteek.
Criteek has no control over, and assumes no responsibility for, the content, privacy policies, or
practices of any third party websites. In addition, Criteek will not and cannot censor or edit the
content of any third-party site. By using the Service, you expressly relieve Criteek from any and all
liability arising from your use of any third-party website.
3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and
conditions and privacy policy of each other website that you visit.

3. Criteek Accounts

1. In order to access some features of the Service, you will have to create a Criteek Account. You may
never use another’s account without permission. When creating your account, you must provide
accurate and complete information. You are solely responsible for the activity that occurs on your
account, and you must keep your account password secure. You must notify Criteek immediately of
any breach of security or unauthorized use of your account.
2. Although Criteek will not be liable for your losses caused by any unauthorized use of your account,
you may be liable for the losses of Criteek or others due to such unauthorized use.

4. General Use of the Service—Permissions and Restrictions

Criteek hereby grants you permission to access and use the Service as set forth in these Terms of Service,
provided that:
1. You agree not to distribute in any medium any part of the Service or the Content without Criteek’s
prior written authorization, unless Criteek makes available the means for such distribution through
functionality offered by the Service (such as the Video Widget).
2. You agree not to alter or modify any part of the Service.
3. You agree not to access Content through any technology or means other than the video playback
pages of the Service itself, the Video Widget, or other explicitly authorized means Criteek may
designate.
4. You agree not to use the Service for any of the following commercial uses unless you obtain Criteek’s
prior written approval:
o the sale of access to the Service;
o the sale of advertising, sponsorships, or promotions placed on or within the Service or
Content; or
o the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or
website containing Content delivered via the Service.
5. Prohibited commercial uses do not include:
o uploading an original video to Criteek to promote your business enterprise;
o showing Criteek videos through the Video Widget on an ad-enabled blog or website, subject
to the advertising restrictions set forth above in Section 4.4; or
o any use that Criteek expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial use, see our FAQ.)
6. If you use the Video Widget on your website, you may not modify, build upon, or block any portion or
functionality of the Video Widget, including but not limited to links back to the Criteek website.
7. You agree not to use or launch any automated system, including without limitation, “robots,”
“spiders,” or “offline readers,” that accesses the Service in a manner that sends more request
messages to the Criteek servers in a given period of time than a human can reasonably produce in
the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Criteek
grants the operators of public search engines permission to use spiders to copy materials from the
site for the sole purpose of and solely to the extent necessary for creating publicly available
searchable indices of the materials, but not caches or archives of such materials. Criteek reserves
the right to revoke these exceptions either generally or in specific cases. You agree not to collect or
harvest any personally identifiable information, including account names, from the Service, nor to
use the communication systems provided by the Service (e.g., comments, email) for any commercial
solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with
respect to their Content.
8. In your use of the Service, you will comply with all applicable laws.
9. Criteek reserves the right to discontinue any aspect of the Service at any time.

5. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to
your use of Content.
1. The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service,
are owned by or licensed to Criteek, subject to copyright and other intellectual property rights under
the law.
2. Content is provided to you AS IS. You may access Content for your information and personal use
solely as intended through the provided functionality of the Service and as permitted under these
Terms of Service. You shall not download any Content unless you see a “download” or similar link
displayed by Criteek on the Service for that Content. You shall not copy, reproduce, distribute,
transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes
without the prior written consent of Criteek. Criteek and its licensors reserve all rights not expressly
granted in and to the Service and the Content.
3. You agree not to circumvent, disable or otherwise interfere with security-related features of the
Service or features that prevent or restrict use or copying of any Content or enforce limitations on
use of the Service or the Content therein.
4. You understand that when using the Service, you will be exposed to Content from a variety of
sources, and that Criteek is not responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such Content. You further understand and acknowledge that you may
be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to
waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against
Criteek with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and
hold harmless Criteek, its owners, operators, affiliates, licensors, and licensees regarding all matters
related to your use of the Service.

6. Your Content and Conduct

1. As a Criteek account holder you may submit Content to the Service, including videos and user
comments. You understand that Criteek does not guarantee any confidentiality with respect to any
Content you submit.
2. You represent that you are not an employee of, representative of, or affiliated with any company or
entity in the review industry or sporting goods products, apparel and accessories
industry. Additionally, you represent that you will, with complete transparency, disclose on your
profile page any sponsorship agreements you have, the products for which you have them, and the
companies that compensate you. Exceptions to this rule are allowed only when expressly granted by
Criteek. Requests for exceptions to this rule should be addressed to reviewersupport@Criteek.com.
3. You shall be solely responsible for your own Content and the consequences of submitting and
publishing your Content on the Service. You affirm, represent, and warrant that you own or have the
necessary licenses, rights, consents, and permissions to publish Content you submit; and you license
to Criteek all patent, trademark, trade secret, copyright or other proprietary rights in and to such
Content for publication on the Service pursuant to these Terms of Service.
4. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to
Criteek, you hereby grant Criteek a worldwide, non-exclusive, royalty-free, sub-licensable and
transferable license to use, reproduce, distribute, prepare derivative works of, display, brand with a
digital watermark and perform the Content in connection with the Service and Criteek’s (and its
successors’ and affiliates’) business, including without limitation for promoting and redistributing
part or all of the Service (and derivative works thereof) in any media formats and through any media
channels. You also hereby grant each user of the Service a non-exclusive license to access your
Content through the Service, and to use, reproduce, distribute, display and perform such Content as
permitted through the functionality of the Service and under these Terms of Service. The above
licenses granted by you in user comments you submit are perpetual and irrevocable.
5. You further agree that Content you submit to the Service will not contain third party copyrighted
material, or material that is subject to other third party proprietary rights, unless you have
permission from the rightful owner of the material or you are otherwise legally entitled to post the
material and to grant Criteek all of the license rights granted herein.
6. You further agree that you will not submit to the Service any Content or other material that is
contrary to the Criteek Community Guidelines, (see above).
7. You further agree that Criteek will review all Content submitted by you prior to publication and that
the decision to publish or not to publish your Content will be at Criteek’s sole discretion.
8. You further understand that, should you decide to pull your content from Criteek, you must provide
Criteek with formal notice and Criteek will make every effort to pull your content off the system
within a month of being notified.
9. You further agree that Content published to the Service or any derivative service including but not
limited to Criteek’s YouTube channel may generate advertising revenue and that Criteek will share
this revenue with you at Criteek’s sole discretion.
10. You further agree that, when provided with review product via the Criteek Review Product Inventory
Pool, that you will create and submit Content in accordance with the Criteek Community Guidelines
(listed at the top of this document)
11. Criteek does not endorse any Content submitted to the Service by any user or other licensor, or any
opinion, recommendation, or advice expressed therein, and Criteek expressly disclaims any and all
liability in connection with Content. Criteek does not permit copyright infringing activities and
infringement of intellectual property rights on the Service, and Criteek will remove all Content if
properly notified that such Content infringes on another’s intellectual property rights. Criteek
reserves the right to remove Content without prior notice.

7. Account Termination Policy

1. Criteek will terminate a user’s access to the Service if, under appropriate circumstances, the user is
determined to be a repeat infringer.
2. Criteek reserves the right to decide whether Content violates these Terms of Service for reasons
other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive
length. Criteek may at any time, without prior notice and in its sole discretion, remove such Content
and/or terminate a user’s account for submitting such material in violation of these Terms of
Service.

8. A Product Pool Disclaimer

1. Criteek does not guarantee the availability of the products in the product pool. Products in the
Criteek product pool can only be requested by reviewers who are certified, who have achieved the
level specified by the product (bronze, silver, gold, platinum-please refer to reviewer guidebook), and
whose profile includes the sports category the product belongs to.
2. By accepting product from Criteek, you are agreeing to produce and upload a video review of said
product within the stated time period (3 weeks unless otherwise stated). If you do not do so, the
product does not belong to you and Criteek can reclaim the product.

9. Digital Millennium Copyright Act

1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your
copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”)
by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for
further detail):
o A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
o Identification of the copyrighted 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;
o 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 the service provider to locate the material;
o Information reasonably sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail;
o A statement that you have 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
o A statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Criteek’s designated Copyright Agent to receive notifications of claimed infringement is Kyle
Wilkinson 153 West 27th Street, NYC NY 10001 email: admin@Criteek.com, fax: 650-872-8513. For
clarity, only DMCA notices should go to the Copyright Agent; requests for technical support should go
to techsupport@criteek.com any other feedback, comments, requests and other communications
should be directed to criteek@criteek.com. You acknowledge that if you fail to comply with all of the
requirements of this Section 5(D), your DMCA notice may not be valid.
2. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled)
is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s
agent, or pursuant to the law, to post and use the material in your Content, you may send a counternotice
containing the following information to the Copyright Agent:
o Your physical or electronic signature;
o Identification of the Content that has been removed or to which access has been disabled
and the location at which the Content appeared before it was removed or disabled;
o A statement that you have a good faith belief that the Content was removed or disabled as a
result of mistake or a misidentification of the Content; and
o Your name, address, telephone number, and e-mail address, a statement that you consent
to the jurisdiction of the federal court in New York, New York, and a statement that you will
accept service of process from the person who provided notification of the alleged
infringement.
If a counter-notice is received by the Copyright Agent, Criteek may send a copy of the counter-notice
to the original complaining party informing that person that it may replace the removed Content or
cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court
order against the Content provider, member or user, the removed Content may be replaced, or
access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at
Criteek’s sole discretion.

10. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, CRITEEK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
CRITEEK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. CRITEEK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND CRITEEK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

11. Limitation of Liability

IN NO EVENT SHALL CRITEEK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V)
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CRITEEK SHALL NOT BE LIABLE FOR CONTENT OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR
DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Criteek from its facilities in the United States of America. Criteek
makes no representations that the Service is appropriate or available for use in other locations. Those who
access or use the Service from other jurisdictions do so at their own volition and are responsible for
compliance with local law.

12. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Criteek, its
parent corporation, officers, directors, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising
from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii)
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation
will survive these Terms of Service and your use of the Service.
13. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental
or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply
with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not
intended for children under 13. If you are under 13 years of age, then please do not use the Service. There
are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

14. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned
by you, but may be assigned by Criteek without restriction.

15. General

You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed
a passive website that does not give rise to personal jurisdiction over Criteek, either specific or general, in
jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws
of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you
and Criteek that arises in whole or in part from the Service shall be decided exclusively by a court of
competent jurisdiction located in New York County, New York. These Terms of Service, together with the
Privacy Notice at http://www.Criteek.com/t/privacy and any other legal notices published by Criteek on the
Service, shall constitute the entire agreement between you and Criteek concerning the Service. If any
provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall
remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further
or continuing waiver of such term or any other term, and Criteek’s failure to assert any right or provision
under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND CRITEEK
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.