NewCrits Terms of Service

Effective Date: July 18th , 2023

Introduction
Welcome to NewCrits, LLC (“NewCrits”, “we”, “us” or “our”). Through our newcrits.studio website (“Website”) we connect art students and established artists to have one-on-one meetings and critiquing sessions using our proprietary online NewCrits™ software platform (the “Services”).
Your use of our Website and our Services is governed by these Terms of Service and our privacy policy (available at www.newcrits.studio/ privacypolicy, which may be amended from time to time and effective upon posting, and which is incorporated by reference herein (“Privacy Policy”) (collectively, these “Terms”). References to “student”, “Professional”, “User”, “you” or “your” mean you as a casual visitor, or a student or a professional artist, as applicable, who has created a user account. The Terms apply to you as applicable to the type of user you are. Please review the Terms as they govern your use of this Website and Service. By clicking the “I Accept” box, or by using the Website or the Services, you indicate that these Terms (including the Privacy Policy) are a binding agreement between us and you as a user of the Website and/or the Service.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE WEBSITE OR THE SERVICE. THESE TERMS CONTAIN AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, AND ALSO CONTAINS A CLASS ACTION AND JURY TRIAL RIGHT WAIVER. Please carefully review Sections 21-23 of these Terms for more information.
Changes to the Terms

A. We regularly update and improve our Website and Service and we may at times add, change, or remove features, and these Terms may also need to change. The current version of these Terms will be posted on our Website and will be effective on the date posted. By continuing to use the Website or Service, you accept and agree to be bound by such modified Terms.

Privacy
Personal Information. We will maintain and use your “Personal Information” as defined in and according to our Privacy Policy.
Use By Minors. We do not knowingly collect or solicit Personal Information from children under 18. If you under 18, please do not attempt to register for the Service or send any Personal Information about yourself to us. If we learn we have collected Personal Information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us Personal Information, please contact us.
Registration; Account Ownership
Our Website and Service are intended for access and use by individuals who are at least 18 years old, and by agreeing to the Terms you represent (i) that you are at least 18 years old and reside in a state, region, or country in which the Service may legally be provided, (ii) you are the person whose name and other information have been provided for the account that you have or are creating, (iii) that your account has not previously been suspended, and (iv) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
All of the information that you supply to us in creating your User account must be accurate. You are responsible for maintaining the confidentiality of your account and password. We reserve the right to invalidate your password and require you to change it if we believe it has become unsecure. We may reject any user name that violates these Terms, including any user name that uses another person’s identity or that violates our community and content guidelines. We may use the email you provide to us in your User account profile to provide you with service messages and updates. By becoming a User you are consenting to the receipt of these communications. If you are registering on behalf of your organization, you agree that your organization, and not us, are responsible for authorizing, deauthorizing and administering account access.
How the Service Works
Account Creation. Art students and Professionals each register to set up their own account which will provide access to the NewCrits proprietary software platform. We may ask you for identity verification and we may use a third-party service for such verification. You agree to maintain accurate, complete, and up-to

date information in your account. Your failure to maintain accurate,

complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Service, or termination of your account. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account login credentials at all times.

For Students. The following in this paragraph applies only to students. In order to use the Service as a student, you must register for and maintain an active account. Account registration requires you to submit to us certain personal information, such as your name, company name, address, and phone number, as well as valid credit card, PayPal, or ACH information (each a “Payment Method”). You, as a student, hereby give NewCrits and its payment processors permission and authorizes and instructs NewCrits, through its processor, to charge the Fees to your chosen Payment Method in advance of a Session. If the payment is declined, we may attempt to run the payment again at our sole discretion. We shall not be liable to you for any charges incurred if your Payment Method is suspended, declined, canceled, replaced, or under-funded. You are responsible for updating its payment information on file with us in a timely manner. Your account will be considered delinquent (in arrears) and you will be in breach of these Terms if payment in full is not received by the due date. Payment obligations are non-cancelable and Fees paid are fully earned and non-refundable.
The Service. The platform will show a list of Professionals by their area of experience or expertise, and will show their availability. A student can select a Professional and request to set up a live video session (“Session Request”) in which the Professional can review and provide a critique of the student’s work (“Session”). Professionals can accept or decline a Session Request, but in either case must respond to a Session Request within _______.
Students acknowledge and agree that arranging and obtaining of Sessions from a Professional creates a direct business relationship between the student and that Professional, and interactions and dealings with that Professional are solely between the student and that Professional.
Non-Solicitation. Other than students connecting with Professionals for the purpose of conducting a Session, users are prohibited from using the Service for the purpose of recruiting for another website or soliciting, advertising to, or contacting other users for employment, contracting, or any other purpose for a business not affiliated with NewCrits without our prior express written consent.

Professionals. The following in this section applies only to Professionals.
You (as a Professional) may not authorize third parties to use your Account. You may not assign or otherwise transfer your account to any other person or entity. You may not accept a Session and have someone perform in your place. You agree to comply with all applicable laws when using the Service, and you may only use the Service for lawful purposes.
You and we agree that no partnership, joint venture, employee, or employer relationship is intended by these Terms. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as a NewCrits employee. You shall have no legal authority to enter into contracts on NewCrits’ behalf or otherwise bind us in any way. You will take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving us that is inconsistent with your being an independent contractor (and not an employee). As an independent contractor, you are solely responsible for determining which Session Requests you respond to and you make the choice when you want to have a Session you have accepted.
We do not restrict a Professional’s right to provide similar or other services through third parties, including competitors of NewCrits.
You are responsible for obtaining and maintaining any required registrations, licenses, or other authorizations necessary for the services you render.
Benefits and Contributions. You are not entitled to or eligible for any benefits that NewCrits, its parents, subsidiaries, affiliates or other related entities may make available to its employees, such as group insurance, profit-sharing or retirement benefits. Because you are an independent contractor, NewCrits will not withhold or make payments for social security, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf. If, notwithstanding the foregoing, you are reclassified as an employee of NewCrits by the U.S. Internal Revenue Service (“IRS”), the U.S. Department of Labor (“DOL”), or any other federal, state or foreign court or agency, you agree that you will not, as the result of such reclassification, be entitled to or eligible for, on either a prospective or retrospective basis, any employee benefits under any plans or programs established or maintained by either the Business or its parents, subsidiaries, affiliates or related entities, or by NewCrits, its parents, subsidiaries, affiliates or other related entities.

F. Taxes. You are solely responsible for filing all tax returns and submitting all Payments as required by any federal, state, local, or foreign tax authority arising from the payment of Payments to you under these Terms, and you agree to do so in a timely manner. You will comply with all applicable federal, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability and other contributions. To the extent required by the IRS, NewCrits will report the Payments paid to you for Pro Services rendered as part of Sessions by filing Form 1099-K and/or 1099-NEC (as applicable) with IRS. You consent to electronic delivery of such form(s), if such form(s) is required or filed. You agree to indemnify and hold harmless NewCrits for the cost of any tax liabilities (including, but not limited to, penalties, assessments, fines, and interest) incurred by NewCrits as a result of your failure to pay all applicable taxes in a timely manner.

Insurance. You are required to maintain adequate insurance during this Agreement applicable to the services you provide related to this Agreement.
No Agency. You, as a student or as a Professional, acknowledge that the Service is neither a referral service nor an employment agency. We do not endorse any of the Professionals. We only provides a marketplace on which students seeking a Professional may interact. We make no representations or warranties concerning the qualifications of Professionals. We are not responsible for verification of a Professional’s information. Students and Professionals should use their own judgment when using accepting a Session.
Text Messaging. By creating an account, you give express consent that we may send you informational text Short Message Service (“SMS”) messages as part of the normal business operation of your use of the Service and that use of SMS is necessary to utilize the Service. We may deliver up to ____

messages per day to your wireless device (unless you communicate further with us), but message frequency may vary. We may use your information to contact you about your account, Sessions, purchases and payment, Website updates, to conduct surveys, or informational and service-related communications, including important security updates. You may opt out of receiving most SMS messages at any time by replying “STOP” to the SMS text message you received or by sending “STOP” via SMS to short code xxx.

After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. Alternatively, you may submit your request by email to us, including the email address and phone number you registered with us, or by any reasonable means. After this, you will no longer receive SMS messages from us. For help, please reply to a text with HELP. Message and data rates may apply, depending on your cell phone plan. Carriers are not liable for delayed or undelivered messages. You cannot opt out of receiving legal notices we send by SMS messaging (e.g., notices regarding data security issues).

Grant of Access; Availability
Right to Access. Subject to your continued compliance with these Terms, we grant you a personal, limited, non-transferable, non exclusive right to access and use the Website and our Service as set forth in these Terms, provided that (i) you will use the Website and the Service in accordance with and only for purposes that are permitted by these Terms; and, (iii) you will use the Website and the Service in accordance with all applicable laws and regulations.
Availability of the Service. We shall use commercially reasonable efforts to provide continuous access to the Services. We do not guarantee that the Services will be accessible at all times. The Services may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Service inaccessible for a limited amount of time due to unforeseen circumstances. We have the right to refuse to provide access to the Services.
Force Majeure Events. We shall not be liable to you or any other person, firm, or entity for any unavailability of the Website or Service if such failure is due to any cause beyond our reasonable control, including, but not limited to (i) labor disputes, unavailability, strikes, or lockouts, or workplace closure as required or recommended by government or agency due to pandemic, epidemic, or other widespread health emergency (e.g., COVID-19, SARS, coronavirus, etc.); (ii) riots, war, acts of terrorism, or other civil disturbance; (iii) fire, flood, earthquake, tornado, hurricane, snow, ice, lightning, or other natural disasters, elements of nature or acts of God, (iv) outages, cable cuts, power crisis shortages, infrastructure outages or failures, internet failures, interruption or failure of telecommunications carriers or digital transmission links, network congestion, computer equipment failures, telecommunication equipment or other equipment failures, electrical power failures, loss of or fluctuations in heat, light, or air conditioning, all of the foregoing in this Subsection (iv) being of or due to third party providers or utility service providers; (v) acts of computer, system, or network sabotage or file lockup (e.g., ransomware attack), DDOS or other network attacks, intrusion, or other failures; (vi) any law, order, regulation, direction, action or request of the United States, state or local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of such instrumentality, or of any civil or military authority, or national emergencies, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown; or, (vii) n a t i o n a l o r re g i o n a l s h o r t a g e o f a d e q u a te p owe r o r telecommunications or transportation.
We can subcontract services or use service providers, such as, but not limited to, outside hosting and storage, to third parties, which may be inside or outside the United States.
Billing and Payment
NewCrits does not provide professional services and does not charge for professional services or services provided by a Professional. NewCrits receives a service fee in exchange for its Service.
Facilitation of payment is subject also to the terms and conditions of third-party payment processor (“Processor”) through which payment are processed. Students and Professionals both agree that the use of the Processor is for convenience of payment and is built in at your request, and that use of the Processor is also subject to its own terms and conditions, which may also be subject to change. Once you click “Pay” (or similarly titled button) your transaction will be processed through the Processor. Students agree to facilitate payment to the Professional by clicking on the “Pay” button. Charges paid by you are final and non-refundable, unless otherwise determined by NewCrits. Professionals retain the right within the limitations of the NewCrits App to the set the rate of pay through the App when posting a Session. The rate of Pay that is set prior to the event for Professional Services that will be received by you from any such Professional at the time you receive such services. NewCrits will respond accordingly to any request from a Professional to modify the charges for a particular Professional Service if necessary.
By selecting the “Instant Pay” option, Professionals may opt to receive their Payment within thirty (30) minutes, for which NewCrits will apply a three percent (3%) fee for expedited payment, otherwise Professionals will receive Payment within about two (2) business days (with no expedited payment fee).
As between you and NewCrits, NewCrits reserves the right to establish, remove and/or revise Charges for any or all Services obtained through the use of the platform at any time in NewCrits’ sole discretion. NewCrits will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. NewCrits may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for a Session from a Professional at any time prior to the commencement of the Session, and Professionals may cancel their Session at any time. Users found to cancel frequently may incur penalties, or be suspended from the NewCrits platform at NewCrits’ sole discretion. NewCrits reserves the right to modify its cancellation policies at any time.
Service Charge
In consideration of NewCrits’ provision of the Service, NewCrits charges a percentage of the Professional’s compensation for each Session (“Service Charge”) which is charged to the student’s Account. NewCrits reserves the right to change the Service Charge at any time in its sole discretion. Continued use of the NewCrits Services after any such change in the Service Charge shall constitute your consent to such change.
After each Session, the Professional will be paid the Session amount after all deductions are made. The amount will appear in the Professional’s account and will be the net of any credit card and processing fees. Professionals must provide their payment account information prior to receiving payment. Service Charges and other fees do not include withholding for taxes. As an independent contractor, Professionals are responsible for paying their own taxes separate and apart from the fees deducted by NewCrits.
Payment Methods
For students, all Fees are due immediately and payment will be facilitated by NewCrits using the preferred payment method designated in your Account, after which NewCrits will send you a receipt by email. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that NewCrits may, as your limited payment collection agent, use a secondary payment method in your account, if available. In the event that there are unpaid or past due amounts for Fees associated with your account, you must pay interest of the lesser of 1.5% per month or the maximum amount permitted by law on such outstanding balances, plus all expenses of collection, including reasonable attorneys’ fees.

Cancellation Policy and Fee. A cancellation fee may be charged under certain circumstances for cancellation or for a no-show. Cancellation notice is given through the platform.
For Professionals. Over a 6 month period a Professional is permitted one emergency cancellation where cancellation is done within 24 hours of the Session start time. If less than 24 hours’ notice is given, for the first cancellation you will receive a warning from us. If there is cancellation of a second Session in the 6-month period, you will be suspended for 14 days from being able to respond to a Session Request, and if there is a third cancellation within the 6-month period you will be suspended for 30 days. Four or more cancellations within the 6-month period can result in permanent account termination. If notice of cancellation is given more than 24 hours prior to the Session start time, your second cancellation within a 60-day period, you will be suspended for 7 days, and if so cancelled three or more times in a 60-day period, your account may be terminated.
For Students.

(1) In the event that student cancels a Session within 24 hours before the start time of the Session, student will be required and agrees to pay 50% of the total price of the Session, including both the Payment for the Professional and the Service Charge. In the event that student cancels a Session between 24 and 48 hours before the start time of the Session, student will be required and agrees to pay 25% of the total price of the Session, including both the Payment for the Professional and the Service Charge. If more than 48 hours’ notice of cancellation is given, there will be no charge to student.

(2) If student instructs the Professional to stop work earlier than the time posted for that Session, student shall pay the greater of 50% or 100% of the total Session less half

the remaining time remaining, plus the Service Fee. For

example, for a Session which is an 8 hour shift, if student

ends the shift after 4 hours, student will be charged for

the 4 hours the Professional worked, plus 2 hours (50%

of the Session time remaining but not worked), plus the

Service Fee.

Restrictions on Use of the Website and the Service
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service or the Website: • In any way that violates any applicable federal, state, local or

international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
In any manner that could disable, overburden, damage, or impair Service or the Website or interfere with any third party’s use of the Service or the Website, including their ability to engage in real time activities through the Service or the Website; or,
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service or the Website, or which, as determined by us, may harm us or users of the Service or the Website or expose them to liability.

Additionally, you agree not to:

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or,
Otherwise attempt to interfere with the proper working of the Website.
You agree that you will not, and will not attempt to (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon this application or its contents, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble NewCrits’ software except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; (vi) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks; (vii) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (viii) use any device, software or routine that interferes with the proper working of the Website; or (ix) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You agree to not perform any security test activities related to the Software or the Services or associated infrastructure without our prior written consent, including, but not limited to: network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing.
User Feedback; Third-Party Social Media Session Requests
By submitting any ideas or suggestions to us (through our Website, social media sites, or other digital platforms, or through Google or other review sites, or other means) related to improvements to the Website or Services (collectively, “Feedback”) you agree that such Feedback shall be deemed, and shall remain, our property, and you agree to and do hereby assign to us all your right, title, and interest in and to all Feedback (including without limitation intellectual property rights and moral rights) without compensation or further notice to you. We shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation or further notice to you. None of the Feedback shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Feedback.
User Content
The Website may, now or in the future, permit the posting or submission for posting of content, including, but not limited to, reviews, comments, or other textual content, files, images, photographs, videos, animation, sounds, musical works, data, or other materials and content by you (collectively, “User Content”). We do not endorse or approve any User Content submitted or posted. We respect the intellectual property rights of others. You must have the legal right to submit to us or, where permitted, post any User Content to the Website. You are solely responsible for any User Content that you create, transmit, or display while using the Website. All User Content you post or submit for posting to the Website is deemed nonconfidential. You agree to comply with the User Content Submission and Session Request Guidelines below.
We do not vouch for the accuracy of reviews. Professionals acknowledge and agree that feedback results by students of professionals may include reviews, comments, ratings, indications of satisfaction, and other feedback. You further acknowledge and agree that we may make feedback results available to other users, including composite or compiled feedback. We provide this feedback system as a means through which users can share their opinions publicly and we have no obligation to monitor or censor these opinions. These reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future engagements.
Reliance on Content on the Service. You agree that we are not responsible for your reliance on any information or content made available through the Service, other than that provided directly by us, and the authors of such information and content are solely responsible for such content. We not guarantee the accuracy or completeness of any information on the Service or adopt, enforce or accept responsibility for the accuracy or reliability of any statement made by any third party or user that appears on the Service. You agree that we will under no circumstances be responsible for any loss or damage resulting from your reliance on information or content on the Service.
User Content License from You
You retain copyright and any other rights you already hold in User Content which you submit, post or display on or through, the Services. When you post or submit for posting User Content to the Website, you agree to and do hereby expressly grant to us and to our affiliates, parents, subsidiaries, agents, representatives, licensors or other third party partners, and our successors and assigns, a nonexclusive, worldwide, perpetual, irrevocable, transferrable, sub-licensable license and right to use, without restriction, including, but not limited to the right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display or perform the User Content and to provide such User Content to any other user of the Website or the Service, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party (collectively, the “License”). You grant us all licenses, consents and clearances to enable the use such User Content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such User Content.
You agree that this License includes a right for us to make such User Content available to other companies, organizations or individuals with whom we have relationships for the provision of services, and to use such User Content in connection with the provision of those services.

iii. You understand that we, in operating the Website and/or in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. You agree that the License shall permit us to take these actions.

User Content Submission and Session Request Guidelines.
You agree to not submit, upload or post any User Content to the Website that infringes or may infringe the copyright, trademark or other intellectual property rights of a third party nor may you submit User Content that violates any third party’s right of privacy or right of publicity. You may submit only User Content permitted by the owner or by law.

You agree to not engage, or permit others to have access to your login credentials to engage, in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information or content.

iii. You also agree to take sole responsibility for any royalties, fees or other monies owed to any person or entity by reason of any User Content you post or transmit through the Website or Service we provide.

You are responsible for all User Content that you submit to us. You may not submit or post User Content that:

Is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission);
Infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner;
You know to be inaccurate;
Constitutes doxxing;
Is pornographic, sexually explicit, or obscene;
Exploits children or minors;
Violates the rights of privacy or publicity of any person; • Is harassing, libelous, slanderous, or defamatory; • Contains any personally identifying information about

any person without their consent or about any person who is a minor;

May be deemed generally offensive to the Website community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism;
Includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose;
Is off topic;
Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;
Is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person;
Violates any local, state, federal, and/or international laws or regulations;
Promotes or provides instructional information about illegal or illicit activities;
Contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or,

• Is intended to overwhelm, cause technical disruptions of or denial of service to the Website.

Removal of User Content. We reserve the right (but have no obligation) to remove, block, edit, move or disable User Content that is objectionable to us for any reason. The decision to remove User Content at any time is in our sole and final discretion. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for User Content or for any failure to or delay in removing User Content or other Content. You are solely responsible for your User Content and may be held liable for User Content that you post.
DMCA Notice. If you believe that any content on the Website violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512, “DMCA”). In the case of an alleged infringement, please provide the following information:
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website (including the exact URL);

iii. An address, a telephone number, and an email address where we can contact you;

A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and,
Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the designated agent listed below.

NewCrits, LLC

Attn: Ajay Kurian

Address: 846 Hancock St., Brooklyn, NY 11233

Email: ajaygkurian@gmail.com

We have the right to terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Website more than twice.

Term; Suspension; Termination
Term. These Terms shall commence upon your use of the Website or signup for an account, and shall continue until terminated.
Suspension. We may suspend your account and access to the Service, with or without notice, if you violate any provision of these Terms. We may immediately suspend or restrict access to the platform or the Service, in whole or in part, with or without notice to you if: (a) we reasonably believes that you have violated any applicable law which may have a potentially adverse effect on us or our users; (b) we believe that providing access to the Service or advertising or offering our Service may violate any applicable law or regulation; (c) we reasonably believe that it is necessary to protect the servers, systems, infrastructure, data, or information of NewCrits or its respective third-party providers or users, from a denial of service attack, security breach, introduction of a virus or other malware, ransomware attack, or similar event; (d) requested or ordered by a law enforcement agency, government agency, or similar authority; or, (e) you fail to cooperate with us to investigate suspected violations of this Agreement. We may suspend a student’s account if payment is delinquent or payment method (e.g., credit card) has been declined and no substitute has promptly been provided. Upon removal, cessation or mitigation of the underlying cause for any of the above that occurs, we may resume providing access to the affected Service.

Effects of Account Suspension. Upon any suspension of your account, all Service associated with your account will be suspended or otherwise made inaccessible until and unless all issues are addressed and resolved by you, to our satisfaction, and within the time frame we specify, or, until these Terms and your account are terminated. You agree to indemnify and hold us harmless from and against any and all claims, losses or damages arising from any suspension of your account or the Service.
Termination.
We reserve the right to deactivate any accounts which have not been active for at least six (6) months. We reserve the right to delete data in deactivated accounts.
We reserve the right to stop providing the Website or the Service to you or access to the Website at any time for any reason and without prior notice.

iii. Upon closure of your account: (i) all rights granted to you and all our obligations to you hereunder shall cease immediately (except those expressly surviving or which by their nature would survive); (ii) all access to the Service and your account will cease immediately; (iii) you will be billed for, and we may automatically attempt to collect from your payment method, any outstanding amount owed; and (iv) we may retain or delete all of your data and User Content from our servers and backup systems and we may not have or keep a backup of the data and User Content. You agree to and hereby do indemnify and hold us harmless from and against any and all claims, losses, or damages arising from any closure of your account. You are not permitted to access your account or any of the Service formerly associated with your account following any closure.

Intellectual Property
Ownership of the Website and Service. You agree that use of the Website and the Services does not constitute any basis for ownership of the Website or the Service and that we, our affiliates or our licensors own all legal right, title, and interest in and to the Website and the Services and all information, materials, images, software, photographs, articles, functions, text, and other content solely provided by or on our behalf on the Services (but specifically excluding any User Content that is, as between you and us, your property but licensed to us). The Website and Service and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States and other countries. We reserve all rights not expressly granted herein. Unless otherwise noted, our name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Website are our property, or that of our affiliates or licensors. All third party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on the Website shall be construed as granting any license or right not expressly set forth herein.
Ownership of Students’ Artwork. As between students, Professionals, and NewCrits, the student shall retain ownership of all artwork submitted or shared via the Website or the Service.
Assignment of Derivative Works and Waiver of Moral Rights. For Professionals Only. You, as a Professional, agree to and do hereby assign, transfer, and convey all right, title, and interest in all feedback, comments, improvements, and derivative works related to any student’s artwork disclosed to you as part of or related to each Session with a particular student (“Derivative Works”) to such student with whom you have such Session. You also agree to and do hereby irrevocably waive and covenant not to assert any and all moral rights in connection with the Derivative Works, including, but not limited to, all rights of integrity, to identification of authorship, and/or limitations on subsequent modification, that you may have, if any, in the Derivative Works. You agree to cooperate with such student and with us during these Terms and after any termination to execute any documents and take such actions as are reasonably necessary to evidence the assignment and waiver set forth above with no further consideration.
Disclaimers
THE WEBSITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER STATUTORY OR IMPLIED, OTHER THAN AS EXPRESSLY STATED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR RELATED TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVICE OR THE SERVER THAT ENABLES THE SERVICES TO BE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE WEBSITE CONTENT IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. DEPENDING ON THE STATE IN WHICH YOU RESIDE SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU HEREBY RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

WE ARE NOT LIABLE TO YOU AS A STUDENT FOR ANY UNAUTHORIZED USE, MODIFICATION, MISAPPROPRIATION, OR THE LIKE OF YOUR ARTWORK BY A PROFESSIONAL OR OTHER THIRD PARTY RELATING TO THE WEBSITE, THE SERVICE, OR THESE TERMS.
Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF THE WEBSITE OR SERVICE ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR OR OUR CONTRACTORS’ SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY THIRD PARTY’S USE OF THE WEBSITE, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE SERVICE, THE USE OF THE WEBSITE, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE OR THE SERVICE, THE NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICE, OR ANY USER CONTENT IS TO STOP USING THE WEBSITE AND THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON OR COMPANY REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE. IN NO CASE SHALL THE TOTAL AGGREGATE LIABILITY OF US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US FOR THE SERVICE OR ONE HUNDRED DOLLARS (US$100).
Exceptions by Some States or Countries on Non-Allowance of Exclusion.
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER WARRANTY LIMITATIONS OR OTHER RESTRICTIONS, IN WHICH CASE THE ABOVE EXCLUSIONS OR RESTRICTIONS DO NOT APPLY TO YOU, BUT ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW.
NOTICE TO CALIFORNIA RESIDENTS: IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

iii. NOTICE TO NEW JERSEY RESIDENTS: IF YOU ARE A VISITOR TO THE WEBSITE FROM NEW JERSEY, CERTAIN LIMITATIONS IN THESE TERMS ARE INAPPLICABLE OR UNENFORCEABLE WITHIN NEW JERSEY. NOTWITHSTANDING ANYTHING STATED TO THE CONTRARY IN THESE TERMS, WITHIN NEW JERSEY: (A) WE DO NOT LIMIT OUR LIABILITY BASED ON OUR NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL CONDUCT; (B) WE DO NOT LIMIT OUR LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE THAT OCCUR ON OUR PROPERTY; AND, (C) THERE IS NO WAIVER OF YOUR RIGHT TO ATTORNEYS’ FEES. THESE PROVISIONS ARE ENFORCEABLE ONLY TO THE FULL EXTENT PERMITTED BY NEW JERSEY LAW. THE PROVISIONS OF THIS SUBSECTION ONLY APPLY TO GOODS AND SERVICES USED FOR PERSONAL, FAMILY, AND HOUSEHOLD PURPOSES.

Indemnification
By utilizing the Website or the Service you agree to indemnify and hold us and our officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, fines, penalties, assessments, costs, and expenses (including attorneys’ fees) incurred by us through your use of the Website or the Service or your posting or submission of User Content (if permitted) in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any termination of the Terms.
Cooperation with Law Enforcement and Government Agencies; Required Disclosures
You acknowledge that we have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Website or the Service, but we have the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.
You understand and agree that we may disclose your personal information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent (at your expense), or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce these Terms (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Website; or, (c) to exercise or protect the rights, property, or the safety of us, our users or others.
Taxes. If any country, federal, provincial, regional, state or local entity with taxing authority over the Service imposes a tax, duty or fee directly on the Service provided to you by us under the Terms (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then we may pass the direct amount of such tax on to you, and you shall promptly pay that tax.
Dispute Resolution
Time Limitation. Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.
MANDATORY BINDING ARBITRATION
Other than for the grounds set forth in Section 21.C (labeled “Exceptions to Agreement to Arbitrate”), in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof or the access or use of the Website or the Service, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Brooklyn, New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.

The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.

iii. The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.

Exceptions to Agreement to Arbitrate. You and we agree that we may bypass arbitration and go to court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents), (b) your violation of the restrictions on use, or (c) your violation of our User Content Session Request Guidelines.
Class Action Waiver. Other than to the extent prohibited by applicable law, any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Waiver of Jury Trial. Other than to the extent prohibited by applicable law, each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.
Location of Operation. Our Website is operated in the United States of America, and we make no representation that content provided is applicable or appropriate for use in other locations. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Your use of the Website does not subject us to judicial process in or to the jurisdiction of courts or other tribunals in your jurisdiction or location.
Export. The Terms shall not be governed by the United Nations Convention on the International Sale of Goods. Your access to and use of the Website and the Service shall comply with all applicable export laws of the United States, including, without limitation, the U.S. Export Administration Regulations and the prohibitions and restrictions mandated by agencies of the United States government.
Communications/Notice. By creating a User account or giving us any contact or other information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS and by telephone) from us and/or by posting the communications on the Website (e.g., by posting notices on your account profile page) concerning information and/or our Services (collectively, “Communications”). For Users with an account, Communications may be those that we are required to send to you by law (e.g., data security incident notifications) concerning us, your account or information, the Website, or the Services (“Required Communications”). The Communications may also be those that we send to you for other reasons. You may change the email or mobile phone number on file for your account by visiting your account profile page or by contacting us. You may opt out of receiving all Communications, other than Required Communications, via email by sending a notice to us that identifies your full name, user name and email address; however, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements.
General
Governing Law. For all legal proceedings arising out of use of the Website, the Services, and/or relating to these Terms, these Terms and the relationship between you and us shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of New York. You understand and agree that your use of the Website and the Services as contemplated by these Terms shall be deemed to have occurred in the State of New York. To the extent litigation is permitted pursuant to these Terms, you and we hereby irrevocably and unconditionally submit to the jurisdiction of courts located in Brooklyn, New York, or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and we irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
Assignment. You may not assign, convey, or transfer (whether by contract, merger or operation of law) (collectively, “assign” or variants) these Terms, in whole or in part, without our prior written consent, which may be granted or withheld by us in our sole discretion. Any attempted assignment in violation of these Terms will be of no power or effect. We may assign these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. We reserve the right to, and you hereby consent to, our right to disclose, transfer, and/or assign your personal Information in connection with a merger, consolidation, restructuring, financing, sale, or other transaction or pursuant to any court proceeding. In addition, if a potential buyer is interested in purchasing us, you agree that we may provide the potential buyer with your Personal Information on a confidential basis and subject to the use restrictions in these Terms.
Agreement. These Terms, including the Privacy Policy (and updates to the foregoing), and any other terms agreed to by way of your express consent or your use of the Website or the Service shall constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration. The failure of us to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or our right to act with respect to subsequent or similar breaches. The headings of sections and paragraphs in these Terms are for convenience only and shall not affect its interpretation.
Relationship of the Parties. The parties intend that no partnership, joint venture, employee, employer or other relationship is intended or will be created by these Terms. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of us, any of our affiliates or respective service providers. There are no third-party beneficiaries to these Terms.
Notices. You agree that we may provide you with notices, including those regarding changes to these Terms, by email to the address you provided at the time of registration or such changed address as you provide to us in your account data. Our address for notices is set for the below.
Contact Us. Our contact information is: NewCrits, LLC, 846 Hancock St., Brooklyn, NY 11233 USA; Attn: _____; Email: _____. You may also visit our “Contact Us” website page at _______.

OPTIONAL; VERSION 1: Likeness Release. I agree to and hereby do irrevocably grant NewCrits and its, contractors and respective subsidiaries, affiliates, successors and assigns (“you” or “your”) the right to photograph me, film me, record my voice and image, and my name and likeness (collectively referred to as “Likeness”) and use, disclose, transfer, publish, distribute, edit, modify, alter and perform the foregoing (and grant similar rights to any third parties) in any form or media now known or developed hereafter, including the internet, throughout the universe as well as all audio-visual works, visual works, literary works, compilations, collective works, and derivative works thereof of every kind and character relating or containing any Likeness, and for any purposes, including, without limitation, promotion thereof in any manner and on any product or service. You may use as much or as little of my Likeness and the material relating to me as you wish, and you may edit, re-edit, dub or re-dub, those materials in any manner as you wish. You may alter my image or may render my image unidentifiable. You may use and modify the recordings of me in any way you choose, including, but not limited to, broadcast, exhibit, publicize, distribution, recording, performance, dissemination on computer networks and the internet, or the like, and any ancillary and subsidiary rights therein, all without further compensation to me. I hereby waive any right I may have to inspect and approve any finished product. You have no obligation to use any of these rights. I hereby release you and your employees, licensees, contractors, successors, and assigns from any and all claims, demands, and causes of action that I may now or hereafter have against you arising out of or in connection with the use of my Likeness, including, without limitation, any claim, demand, or action for invasion or violation of my right of privacy, violation of the right of publicity, libel, slander, presentation of me in a false light, or otherwise. This Likeness Release is irrevocable and may be assigned, transferred, conveyed or licensed by you to any person or entity. I represent that I am over 18 years of age.

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