This document defines the terms and conditions for subscriptions to KRYTYKA's online edition, which are available at this time only to individuals for their private, noncommercial use (hereafter referred to as “Individual Subscribers”), and not to institutions for multi-person use.
1. ACCEPTANCE OF TERMS
KRYTYKA (Krytyka, Inc., Spilnota Krytyky, "Journal Krytyka," Ltd, and www.krytyka.com) provides its service to you subject to the following Terms and Conditions of Service (“TCOS”), which may be updated by us from time to time. You can review the most current version of KRYTYKA's TCOS at any time at http://krytyka.com/en/terms-and-conditions. Your assent to the TCOS and your use of krytyka.com as a subscriber to the online edition of KRYTYKA constitute your agreement to all such terms, conditions, policies and notices (the “Agreement”).
2. DESCRIPTION OF SERVICE
KRYTYKA offers Individual Subscribers to its online edition access to features and content (the “Service”) not available in the free sections of krytyka.com. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TCOS. You understand and agree that the Service is provided “AS IS” and that KRYTYKA assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
3. MODIFICATIONS TO SERVICE
KRYTYKA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that KRYTYKA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
KRYTYKA may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms and Conditions of Service page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use krytyka.com after the notice is posted, you are indicating your acceptance of those changes.
4. FEES AND PAYMENTS
In order to use the Service you will be required to register and create an account. You agree to pay the subscription fee, including applicable taxes, incurred through your account. In order to set up an account with krytyka.com you must provide Krytyka with valid credit card information. By submitting such credit card information, you give KRYTYKA permission to charge the subscription fee incurred through your account to the credit card you designate on the Registration Form.
If payment cannot be charged to your credit card or your payment is returned to KRYTYKA for any reason, including charge back, KRYTYKA reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Service), you must promptly change your password and notify KRYTYKA of the problem by giving notice via email to email@example.com.
5. REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process required to obtain access to this Service, you will provide KRYTYKA with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting your account page). You will be solely responsible for maintaining the confidentiality of your password and for all usage or activity on your krytyka.com account.
You must be 13 years or older to subscribe to all parts of the Services.
6. NON-TRANSFERABILITY OF SUBSCRIPTION
Your right to use this site is personal to you alone, and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void.
7. SUBSCRIPTION RENEWAL AND CANCELLATION
KRYTYKA will email you approximately one month before the end or your one-year subscription with an opportunity to renew your subscription. KRYTYKA will cancel your account upon receipt of such notification from you. In no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges.
Subscriptions to KRYTYKA's online edition are non-refundable. Subscribers to KRYTYKA's print edition who elect to subscribe, in addition, to the online edition at the special rate offered to print subscribers (the “Special Rate”), and who cancel their print subscriptions before the full term thereof is completed, agree that KRYTYKA may deduct from any pro-rated refunds for the print subscription the difference between the Special Rate and the amount normally charged for the online edition alone.
8. SPONSORS, THIRD PARTIES, ADVERTISERS AND LINKS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that KRYTYKA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service. In addition, KRYTYKA may provide, or third parties may provide, links to other World Wide Web sites or resources. Because KRYTYKA has no control over such sites and resources, you acknowledge and agree that Krytyka is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for the accuracy or quality of any content, advertising, products, or other materials on or available from such sites or resources, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Additionally, we use third-party advertising companies to serve some advertisements when you visit our website. These companies may use aggregated information about your visits to this website in order to provide advertisements about goods and services that may be of interest to you.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KRYTYKA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KRYTYKA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KRYTYKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. WITHOUT LIMITING THE FOREGOING OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT, YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL THE LIABILITY OF KRYTYKA UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE ANNUAL SUBSCRIPTION FEE PAID BY YOU.
11. DOWNLOADING AND COPYING; RESTRICTIONS ON USE
All materials on this site (“Online Material”), including, without limitation, names, logos, trademarks, service marks, images, articles, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by KRYTYKA or by other parties that have licensed their material to KRYTYKA. You may download or copy the Online Material for noncommercial personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing for other than noncommercial use by you as well as unauthorized sharing with others of any Online Material is expressly prohibited without prior written permission from KRYTYKA or the copyright holder identified in the copyright notice contained in the content. You may not add, delete, distort, or otherwise modify the content on this site. KRYTYKA, krytyka.com, and other Krytyka logos and product and service names are trademarks of KRYTYKA.
12. NON-WAIVER; SEVERABILITY; LIMITATIONS OF ACTIONS
The failure of KRYTYKA to exercise or enforce any right or provision of the TCOS shall not constitute a waiver of such right or provision. If any provision of the TCOS is found by a court of competent jurisdiction to be invalid or unenforceable, 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 TCOS 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 TCOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TCOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TCOS to us at firstname.lastname@example.org.
You agree to indemnify, defend and hold KRYTYKA harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this Agreement.
16. LETTERS TO THE EDITOR OR OTHER SUCH COMMENTS OR MATERIALS
Any comments, materials, or letters sent by you to KRYTYKA regarding the site or its content, including questions, comments, suggestions, criticisms or the like (“Received Materials”) shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is “not for publication” and contains “private and proprietary” information that may not be distributed. KRYTYKA shall have no obligation of any kind with respect to such Received Materials and KRYTYKA will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction.
You can read KRYTYKA's privacy statement below.
18. ENTIRE AGREEMENT
This Agreement and any other terms and conditions of service on http://www.krytyka.com constitute the entire agreement between you and KRYTYKA and govern your use of the Service.
19. REFUSAL OR DISCONTINUANCE OF SERVICE
KRYTYKA reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions of Service.
20. CHOICE OF LAW AND FORUM
This document defines the terms and conditions for subscriptions to KRYTYKA's online edition, which are available at this time only to individuals for their private, noncommercial use (“Individual Subscribers”), and not to institutions for multi-person use.
KRYTYKA is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
KRYTYKA may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from [date].
What we collect
We may collect the following information:
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to email@example.com
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.