Last Updated on April 18, 2013
These terms and conditions (the "Terms of Service") govern your access to and use of Consmr’s websites and mobile applications that link to or reference these Terms of Service (collectively, the "Service"). By accessing or using the Service, you are agreeing to these Terms of Service and concluding a legally binding contract with Consmr Inc. ("Consmr"). Do not access or use the Service if you are unwilling or unable to be bound by the Terms of Service.
"You" and "your" refer to you, as a user of the Service. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. "We", "us", and "our" refer to Consmr.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, likes, comments, dislikes, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Service. "Consmr Content" means Content that we create and make available in connection with the Service. "Third Party Content" means Content that originates from parties other than Consmr or its users, which is made available in connection with the Service. "Site Content" means all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and Consmr Content.
We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. You understand and agree that your continued access to or use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modification.
To access or use the Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. You may not access or use the Service if you are a competitor of ours or if we have previously banned you from the Service or closed your account. You may not access or use the Service if you are an employee, contractor, or hired consultant of any company that previously employed the founders of Consmr, except if provided an account by a founder and said account is in good standing and has not been disabled or revoked.
We grant you permission to use the Service subject to the restrictions in these Terms of Service. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
There are two types of accounts:
A "Business Account" is an account to be used by a blogger or other third-party entity for the purpose of providing previously published or new editorial content to Consmr. In creating or updating a Business Account, you must be an authorized representative of the business or blog in question, and you must provide complete and accurate information about yourself and the business or blog you represent, including an appropriate photo of yourself or represented business to be displayed in connection with your Business Account. If you are no longer an authorized representative of the business or blog in question, you must close your Business Account immediately.
By creating an account, you agree to receive certain communications in connection with the Service. For example, you might receive comments or friend notifications from other Users. You will also receive our periodic e-mail newsletter about Consmr. You can opt-out of non-essential communications here.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Consmr.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Consmr and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
As between you and Consmr, you own Your Content. We own the Consmr Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Consmr Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Consmr Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Consmr Content are retained by us.
Consmr and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms of Service on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion.
Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other product manufacturers, distributors and brands, or writing a review that you were paid for either directly or indirectly by the manufacturer, distributor or brand of the product being reviewed;
Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account and as expressly permitted by Consmr;
Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service's search results or any third party website;
Solicit personal information from minors, or submit or transmit pornography; or
Violate any applicable law.
Violate the Terms of Service;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Site Content (other than Your Content), except as expressly authorized by Consmr;
Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Site Content;
Reverse engineer any portion of the Service;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
Record, process, or mine information about other users;
Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of product reviews;
Reformat or frame any portion of the Service;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Consmr’s technology infrastructure or otherwise make excessive traffic demands of the Service;
Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
Use the Service or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively,"Viruses");
Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Site Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Service.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
Consmr allows users to contribute different kinds of content, including reviews, photos, comments and more. The guidelines below pertain to the participation in our Service and the submission of content. You represent that you have read and understood the guidelines below.
Content Appropriateness: Do not use lewd, threatening, or harassing speech including hate speech.
Self Promotion: Refrain from contributing self promotional content.
Topic Relevancy: All reviews should be on topic and relevant to a given product. Qualities such as taste, value, efficacy, and feel are always relevant for a product review. Some areas, such as where a product is sourced or how it is sourced may also be relevant (e.g. cage free, farm raised). Avoid reviews based predominantly on company ideology or practices.
Privacy: Refrain from submitting private information about users or non-users. Obtain permission before posting photos that contain other individuals.
Review Guidelines: The highest quality reviews on Consmr sum up the total experience with a product, from the packaging all the way to the quality, taste, and your determined effectiveness. Helpful tips such as the best circumstances in which to use a product are always valued.
Firsthand Experience: Base your review on your own personal experience with a given product. You may not review a specific product if you have not used or owned it.
Product Bias: Product manufacturers and their employees may not submit reviews for their products or their competitors.
Photo Guidelines: Users may upload photos to any Consmr product listing. If a product does not have a photo, the best photo would include the product on a white or light colored background. If a product does have a photo, a user may upload any photo including the product or the product in use so long as it is not lewd, threatening, or infringe on a person’s privacy.
Profile Guidelines: It is encouraged that you connect your Third Party social media accounts. In order to be eligible for certain promotions such as Consmr’s “Super User” status, user profiles must be completed in full including a real photo of the user.
Comment Guidelines: Consmr provides the ability to comment on any review. Users may not harass or otherwise post inappropriate content via comments. Brand manufacturers or their employees and affiliates may not post comments on reviews for their own products or competing products.
Consmr respects copyright laws and will take appropriate action upon notification of a dispute.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
The Service may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
As part of the functionality of the Service, you may link your Consmr Account with online accounts you may have with third party services or businesses ("Third Party Account(s)") by providing your Third Party Account login information to Consmr through the Service. By submitting Third Party Account login information to Consmr, you are granting Consmr permission to access and use (i) that login information and (ii) certain other information from the Third Party Account that you designate (e.g. retailer purchase data, your activity on the website, service or application of the Third Party Account), which can be accessed and used by Consmr within the Service; Consmr may use and store this information and such information will be presented to you within the Service in order to provide you with certain functionality of the Service. For example, we may use relevant information we have about you and your third party user connections to populate a list of potential connections on Consmr.
Any information from the Third Party Account that you designate may be viewed by and disclosed to other Users of Service because it will be part of your Consmr Account which is open for all Users to view and track your Consmr activity.
By submitting this information to Consmr and granting Consmr permission to access and use such information, you represent that you are entitled to submit and grant access to such information to Consmr for use for the purposes described herein, without any breach by you of the terms and conditions to which you are bound that govern your use of the services or businesses for which you have a Third Party Account and without any obligation by Consmr to pay any fees or other limitations on usage that may be imposed by operators of the businesses where you hold Third Party Accounts. Consmr makes no effort to review the information that will be presented to you in the Service from such Third Party Accounts for any purpose, including but not limited to accuracy, legality or non-infringement. Consmr cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of information, personalization settings or other service interruptions. Consmr cannot assume responsibility for the timelines, accuracy, deletion, non-delivery or failure to store any Third Party Account data, communications or personalization settings.
You agree to indemnify and hold Consmr, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Service, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Consmr reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Consmr. Consmr will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF CONSMR AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "CONSMR ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
THE SERVICE AVAILABLE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
THE CONSMR ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, THE CONSMR ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE PRODUCTS LISTED ON THE SERVICE.
THE CONSMR ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE PRODUCT LISTINGS, NUTRITIONAL INFORMATION, HEALTH INFORMATION, RATINGS, AND REVIEWS, OR THE SAFETY OR SECURITY OF THE SERVICE. ACCORDINGLY, THE CONSMR ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE PRODUCT LISTINGS, NUTRITIONAL INFORMATION, HEALTH INFORMATION, RATINGS, OR REVIEWS, OR THE SAFETY OR SECURITY OF THE SERVICE.
THE CONSMR ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, RELIABILITY, NUTRIENT COMPOSITION, OR HEALTH COMPOSITION OF THIRD PARTY TRIAL OR SAMPLE GOODS THAT CONSMR MAY PROVIDE FROM TIME TO TIME. THE CONSMR ENTITIES ARE NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR USAGE OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY GOODS AVAILABLE ON OR THROUGH THE SERVICE.
THE CONSMR ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
THE CONSMR ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE CONSMR ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
THE CONSMR ENTITIES DISCLAIM ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) LOSS OF OR DAMAGE TO REPUTATION OF CONSMR OR ANY THIRD PARTY, OR (v) LOSS OF INFORMATION OR DATA.
New York State law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Consmr (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN NEW YORK COUNTY, NEW YORK
You may terminate the Terms of Service at any time by closing your account, discontinuing your use of the Service, and providing Consmr with a notice of termination here. If you close your account, Consmr will continue to display, Your Content including reviews, ratings, likes, and comments that you may have posted to product reviews. Consmr may also choose to remove Your Content for any reason.
We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Site Content, or any other related information.
In the event of any termination, whether by you or us, Sections 1, 5, 6, 10 - 14 of these Terms of Service will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or communications through the Service.
Except as otherwise stated in Section 9 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms of Service contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
Any failure on Consmr’s part to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
The Terms of Service are not assignable, transferable or sublicensable by you except with Consmr’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.