Terms of Use

Welcome to “TheCriticalArchitect.com” website. 

The services offered by “The Critical Architect” include “TheCriticalArchitect.com” and any “The Critical Architect” branded URL, WAP site and mobile application (collectively, the “Site”), “The Critical Architect” messaging services, video services, RSS feeds, podcasting services, mobile services, and any other feature, content, or applications offered from time to time by “The Critical Architect” in connection with “The Critical Architect”’ business (collectively, the ““The Critical Architect” Services”). “The Critical Architect” is based in the United States and the “The Critical Architect” Services are hosted in the United States.

“The Critical Architect” furnishes the Site and the “The Critical Architect” Services for your personal enjoyment and entertainment. By visiting the Site (whether or not you are a registered member) or using the “The Critical Architect” Services, you accept and agree to be bound by this Terms of Use Agreement, including any future modifications (“Agreement”), and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read through this Agreement carefully. “The Critical Architect” may modify this Agreement at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of the Site or the “The Critical Architect” Services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the “The Critical Architect” Services immediately. You may receive a copy of this Agreement by emailing us at: critic@thecriticalarchitect.com, Subject: Terms of Use Agreement. Your access to and use of certain “The Critical Architect” Services may require you to accept additional terms and conditions applicable to such “The Critical Architect” Services.

Eligibility for Site Registration and Account Security

Children under the age of 13 are not authorized to post messages or participate in “Forums” on the Site. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another [member or subscriber] at any time. You agree to notify “The Critical Architect” immediately if you suspect any unauthorized use of, or access to, your account or password. You agree that to prevent security “bleed”, you will use a password that is unique to this website and is not used for other websites.

Termination

This Agreement remains in full force and effect while you use the “The Critical Architect” Services. You may terminate your [account/subscription] on the Site at any time, for any reason, by emailing critic@thecriticalarchitect.com, Subject: Terminate My Account. “The Critical Architect” may terminate your account and/or access to the “The Critical Architect” Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the “The Critical Architect” Services is terminated, this Agreement will remain in effect. You agree that your account is non transferable and any rights to your account terminate upon your death.

Purchasing Site Services or Products

If you purchase any service or product on the Site, (“Site Product”), you may be required to provide personal information, including credit card and billing information (“Personal Financial Information”), to an independent third party company (or companies) selected by, but not affiliated with, “The Critical Architect” (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase from the Site you are warranting that you are authorized to make the purchase using the form of payment card that you provide to the Processor. You must be 18 years of age or older to purchase a Site Product.

“The Critical Architect” makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. “The Critical Architect” provides no refunds for purchases you make on the Site. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, “The Critical Architect” will in no way be responsible or liable to you for any such breach.

“The Critical Architect” will not store any record of Personal Financial Information related to purchases or other transactions you make through the “The Critical Architect” Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.

“The Critical Architect” Content

The “The Critical Architect” Services may contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of “The Critical Architect” (“The Critical Architect” Content”). “The Critical Architect” Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and “The Critical Architect”, “The Critical Architect” owns and retains all rights in the “The Critical Architect” Content and the “The Critical Architect” Services. “The Critical Architect” hereby grants you a limited, revocable, non-sub licensable license to access and display the “The Critical Architect” Content (excluding any software code) solely for your personal, non commercial use in connection with viewing the Site and using the “The Critical Architect” Services. The “The Critical Architect” Services may also contain Content of users and other “The Critical Architect” licensors. Except as provided in this Agreement or as explicitly allowed on the “The Critical Architect” Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the “The Critical Architect” Services.

Except as explicitly and expressly permitted by “The Critical Architect”, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on line postcards, montages, mash ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the “The Critical Architect” Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo filtering mechanisms. You may not build a business utilizing the Content, whether or not for profit. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless you receive prior written authorization from “The Critical Architect”. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting “The Critical Architect” in writing at: critic@thecriticalarchitect.com, Subject: Content Request.

Boundaries of Copyright Claim

The “The Critical Architect” claims as its copyrighted material, all graphic pixels displayed on a web browser which are:

  • Vertically – That area which scrolls vertically within a display window, between the top and the bottom of the scrolling area of the browser window and may be expandable by the resizing of the window within the display.
  • Horizontally – That area which defines a vertical edge boundary of content, which may or may not be resizable in a browser window, and with which no further text or images are displayed from the website.  

Any device, software application, internet browser or add-on browser toolbar (such as the “Google Related” toolbar) or any other technology which accomplishes similar effects and which interferes with, obscures, displaces, covers or shades any part of the claimed graphic pixel area shall be considered to be a violation our copyright and of these Terms of Use.

Furthermore, in the event of a copyright violation as related to the boundaries of the display area, each individual page or URL shall be considered a separate offense and may be subject to a fine of $100,000 for each violation.

Redirection of Website Traffic

Redirection of website visitor traffic by any technological means without the expressed written consent of “The Critical Architect” is a violation of the Terms of Use and is strictly forbidden. Notwithstanding 3rd party advertising agreements for pre-defined ad block locations within the website, any person or company who conducts aids or abets in the manipulation of website traffic away from the “The Critical Architect” website may be subject to a fine of $100,000 for each violation. Each link or URL which redirects traffic a non-”The Critical Architect” website shall be considered a separate violation.

Furthermore, redirection of website traffic may be considered a violation of 18 U.S.C. chapter 1030, “The Computer Fraud and Abuse Act” by exceeding “authorized level access” and by intercepting and modifying the intended display and function of website navigation direction.

Your Use of “The Critical Architect” Services

The “The Critical Architect” Services are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization from “The Critical Architect”. “The Critical Architect” reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the “The Critical Architect” Services (collectively, “User Content”).

Accordingly, please choose carefully the information that you post on, through or in connection with the “The Critical Architect” Services. You understand that “The Critical Architect” does not control the User Content posted by users via the “The Critical Architect” Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. “The Critical Architect” assumes no responsibility or liability for this type of Content.

If you become aware of misuse of the “The Critical Architect” Services, please report this immediately to “The Critical Architect” by emailing critic@thecriticalarchitect.com, Subject: Misuse of “The Critical Architect” Services. “The Critical Architect” assumes no responsibility for monitoring the “The Critical Architect” Services for inappropriate Content or conduct. If at any time, “The Critical Architect” chooses in its sole discretion to monitor the “The Critical Architect” Services, “The Critical Architect” nonetheless assumes no responsibility for Content other than “The Critical Architect” Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.

You agree not to use the “The Critical Architect” Services to:

• Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;

• Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;

• Harass or harm another person;

• Exploit or endanger a minor;

• Impersonate or attempt to impersonate any person or entity;

• Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;

• Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the “The Critical Architect” Services, including “The Critical Architect”’ servers, networks or accounts;

• Cover, remove, disable, block or obscure advertisements or other portions of the “The Critical Architect” Services;

• Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the “The Critical Architect” Services, or to circumvent or modify any security technology or software that is part of the “The Critical Architect” Services;

• Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the “The Critical Architect” Services. If you do so, you acknowledge you will have caused substantial harm to “The Critical Architect”, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay “The Critical Architect” $50 for each actual or intended recipient of such communication;

• Solicit, collect or request any personal information for commercial or unlawful purposes;

• Post, upload or otherwise transmit an image or video of another person without that person’s consent;

• Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without “The Critical Architect”’ prior written consent;

• Use the “The Critical Architect” Services to advertise or promote competing services;

• Use the “The Critical Architect” Services in a manner inconsistent with any and all Applicable Law;

• Attempt, facilitate or encourage others to do any of the foregoing.

“The Critical Architect” reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by “The Critical Architect” in its sole discretion. You acknowledge “The Critical Architect” reserves the right to investigate and take appropriate legal action against anyone who, in “The Critical Architect”’ sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.

You acknowledge, consent and agree that “The Critical Architect” may access, preserve or disclose information you provide to the Site, including User Content, when “The Critical Architect” has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of “The Critical Architect”, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the “The Critical Architect” Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.

Message Boards and Public Forums

The Site offers users the ability to post public messages on message boards and forums (“Forums”), which may be open to the public generally, to all members of the Site, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and “The Critical Architect” cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. “The Critical Architect” is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. “The Critical Architect” reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.

Your Proprietary Rights

“The Critical Architect” does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available on, through or in connection with the “The Critical Architect” Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by “The Critical Architect” or any Affiliated Company. By posting any User Content on, through or in connection with the “The Critical Architect” Services, you hereby grant to “The Critical Architect” and our Affiliated Companies, licensees and authorized users, a perpetual, non exclusive, fully paid and royalty free, sub licensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the “The Critical Architect” Services or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. “The Critical Architect’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. “The Critical Architect” reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the “The Critical Architect” Services.

You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the “The Critical Architect” Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the “The Critical Architect” Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the “The Critical Architect” Services or Third Party Services.

Copyrights and Other Intellectual Property

“The Critical Architect” respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. “The Critical Architect” has a policy of terminating repeat infringers’ access to the “The Critical Architect” Services in appropriate circumstances.

If you believe that any material residing on or linked to from the Site infringes your copyright, please send “The Critical Architect’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the “The Critical Architect” Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. “The Critical Architect’s Copyright Agent for notification of claimed infringement can be reached as follows: critic@thecriticalarchitect.com.

This site operates under the protection of “Fair Use” as defined in U.S. Code Title 17 Section 107 for images obtained and used for purposes of news, information, analysis and criticism. For more information read our assertion at http://thecriticalarchitect.com/fair-use/.

Third Party Links and Services

The “The Critical Architect” Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (“Third Party Services”). When you engage with a Third Party Service, you are interacting with the third party, not with “The Critical Architect”. If you choose to use a Third Party Service and share information with it, the Third Party Services may use and share your data in accordance with the Third Party Service’s privacy policy and your privacy settings on such Third Party Service. In addition, the third party providing the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. “The Critical Architect” is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the “The Critical Architect” Services does not imply approval or endorsement of the Third Party Service. “The Critical Architect” is not responsible for the content or practices of any websites other than the Site, even if the website links to the Site and even if it is operated by an Affiliated Company or a company otherwise connected with the Site. By using the “The Critical Architect” Services, you acknowledge and agree that “The Critical Architect” is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site. When you access Third Party Services, you do so at your own risk. “The Critical Architect” encourages you not to provide any personally identifiable information to any Third Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to the Site, you must contact the Legal Department at “The Critical Architect” at critic@thecriticalarchitect.com, Subject: Request for Permission to Link to Site, before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site or “The Critical Architect”, including its respective employees, agents, directors, officers or shareholders.

Member Disputes

You are solely responsible for your interactions with other “The Critical Architect” users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the “The Critical Architect” Services. “The Critical Architect” reserves the right, but has no obligation, to become involved in any way with these disputes.

Privacy

Use of the “The Critical Architect” Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

The “The Critical Architect” Services are provided “AS IS” and “as available” and “The Critical Architect” does not guarantee or promise any specific results from use of the “The Critical Architect” Services. “The Critical Architect” expressly disclaims any warranties and conditions 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. In particular, “The Critical Architect” makes no warranty that your use of the “The Critical Architect” Services will be uninterrupted, timely, secure or error free or that any information obtained by you on, through or in connection with the “The Critical Architect” Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable.

Under no circumstances will “The Critical Architect” be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the “The Critical Architect” Services, problems or technical malfunction in connection with use of the “The Critical Architect” Services, attendance at a “The Critical Architect” event, any material downloaded or otherwise obtained in connection with the “The Critical Architect” Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the “The Critical Architect” Services, or the conduct of any users of the “The Critical Architect” Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of “The Critical Architect”.

Limitation on Liability

IN NO EVENT WILL “THE CRITICAL ARCHITECT” BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF “THE CRITICAL ARCHITECT” SERVICES, EVEN IF “THE CRITICAL ARCHITECT” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, “THE CRITICAL ARCHITECT”’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO “THE CRITICAL ARCHITECT” FOR THE NEWS SERVICES DURING THE TERM OF YOUR USE OF THE “THE CRITICAL ARCHITECT” NEWS SERVICES.

U.S. Export Controls

Software available in connection with the “The Critical Architect” Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the “The Critical Architect” Services or otherwise exported or re exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Disputes

This Agreement will be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions. You and “The Critical Architect” agree to submit to the exclusive jurisdiction of the courts located in Tarrant County, Texas to resolve any dispute arising out of this Agreement or the “The Critical Architect” Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

Indemnity

You agree to indemnify and hold “The Critical Architect”, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or the “The Critical Architect” Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the “The Critical Architect” Services.

Trademarks

The failure of “The Critical Architect” to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. “The Critical Architect”, the “The Critical Architect” logo are trademarks of “The Critical Architect”, and all other trademarks, service marks and trade names used in the Site are the property of their respective owners, and all of the above and below trademarks may not be copied, downloaded or otherwise exploited without the prior written permission of “The Critical Architect” or the owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement.

©”The Critical Architect”. All rights reserved.

Other

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: critic@thecriticalarchitect.com, Subject: Question Regarding Terms of Use with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND BY ACCESSING THE “THE CRITICAL ARCHITECT” WEBSITE, AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

(Update: April 18, 2012)