FolioSnap Terms of Service
Last Revised August 24, 2014
1. Acceptance of Terms
The FolioSnap website and services (collectively "Services") are provided by Globalcentic LLC ("We" or "Us") to you, the end-user, subject to your compliance with all terms, conditions, and notices set forth in this agreement ("Terms of Service"), as well as any other written agreement between us and you. Your subscription to and use of the Services indicate that you accept and agree to be bound by the Terms of Service.
2. Registration Obligations
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by our registration form (such information being the "Registration Data"), (b) provide true, accurate, current, and complete information for account payment purposes as prompted by our registration form (such information being the "Billing Data"), and (c) maintain and promptly update the Registration Data and Billing Data to keep it true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend, terminate, or limit access to your account and refuse any and all current or future use of the Services or any portion thereof.
3. Free Trial Period
As a courtesy, we offer a free trial period of Services to prospective paying users. Users of the free trial period and paying users of our Services are equally bound to the terms and conditions set forth in these Terms of Service. The trial period is meant as an acclimation and evaluation opportunity for new users and is not intended for use by current or returning users who are already familiar with the Services. If abuse of the free trial period is suspected, we may terminate the associated account or Services or block the suspected abuser at our discretion.
4. Login and Security
The e-mail address you provide as Registration Data will be your username for the purpose of logging in to your account. You will receive a temporary password via e-mail upon completing the registration process. Your password can and should be updated by you the first time you log in to your account and periodically thereafter. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities that occur with regard to your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session using the logout (or similar) button provided. We cannot and will not be liable for any loss or damage arising from your non-compliance with this Section.
5. Payment for Services
In exchange for your use of the Services, you agree to pay the recurring subscription fee ("Payment") that corresponds to your selected package and payment option. If you do not remit Payment when due, if your credit card charge is not accepted for any reason when Payment is due, or if a chargeback is initiated by you against Payment at any time, we have the right to immediately suspend or terminate any Services to which that Payment applies, without further notice. You agree that we shall have no liability whatsoever with respect to any such suspension or termination. It shall be your responsibility to ensure that your Billing Data is true, accurate, current, and complete at the time Payment is due.
6. Money Back Guarantee
Services are backed by a 30-day money back guarantee. If for any reason you are dissatisfied with the Services, you are entitled to a full refund of any and all Payments. In order to receive the refund, you must terminate Service within the first thirty (30) calendar days of initial Payment.
7. Past Due Accounts
Accounts are in default of payment ("Past Due") if you do not remit Payment when due, if your credit card charge is not accepted for any reason when Payment is due, if a chargeback is initiated by you against Payment at any time, or if any unpaid balance exists on the account. While your account is Past Due, your access to Services may be limited. Accounts that remain Past Due for more than thirty (30) days will be suspended, any affected Services may be taken offline, and a late fee of ten (10) USD will be assessed. Additional late fees of ten (10) USD each will be assessed each subsequent thirty (30) days that the account remains Past Due.
8. Disputes and Chargebacks
In the event of a payment dispute, you agree to make a good faith effort to resolve the dispute with us directly rather than initiate a chargeback through your bank or credit card issuer. In the event that a chargeback is initiated by you against any Payment, you agree to pay our reasonable expenses, such as bank or other financial institution fees, incurred in association with the chargeback or its attempted recovery.
9. Termination of Services
You may terminate Services at any time, provided that your account is not Past Due in accordance with Section 7 of these Terms of Service. For security reasons, any request to terminate Services must be submitted to us by logging in to your account and using the secure cancellation process provided online. Termination requests submitted to us by any other means, including but not limited to mail, phone, fax, and e-mail, are NOT valid under any circumstances. We reserve the right to terminate your Services at any time. In the event that you have paid at the annual rate and you or we terminate your Services before the end of the year for which you've paid, your fees will be re-calculated at the month-to-month rate, and you will receive a full refund for any whole remaining months. We cannot issue prorated refunds for partial months.
10. Lawful Purpose
We reserve the right to refuse service to anyone. You may use our Services for lawful purpose only. Transmission of any material in violation of any Federal, State, or Local regulation is strictly prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. We expressly forbid anyone from using our Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we, at our sole discretion, deem to be objectionable.
11. User Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post, e-mail, or otherwise transmit via our Services. We do not control the Content posted via our Services and, as such, do not guarantee the accuracy, integrity, or quality of such Content. You understand that by using our Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, or otherwise transmitted via our Services.
You agree to not use our Services to upload, post, e-mail or otherwise transmit any Content: (a) that is unlawful, defamatory, obscene, invasive of another's privacy, hateful, or otherwise objectionable; (b) that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); (c) that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; or (d) that interferes with or disrupts our Services or servers or networks connected to our Services.
We and our designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of our company, our users, and the public.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content that you submit, post to, or transmit through our Services, your use of our Services, your connection to our Services, your violation of these Terms of Service, or your violation of any rights of another.
13. Resale of Services
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of our Services, use of our Services, or access to our Services.
14. General Practices and Limits
You acknowledge that we may establish general practices and limits concerning use of our Services, including without limitation the maximum number of days that user-configured settings or uploaded Content will be retained by our Services, the maximum capacity for user-configured settings or uploaded Content (such as media storage capacity, character limits, mailing list quotas, etc.), the maximum number of e-mail messages that may be sent from an account using our Services, the maximum size of any e-mail message that may be sent from an account using our Services, the maximum cloud storage that will be allotted on your behalf, and the maximum number of times (and the maximum duration for which) you may access our Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by our Services. You acknowledge that we reserve the right to suspend or terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, at our sole discretion, with or without notice.
15. Modifications to Service
We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services. In the event that our Services are discontinued, you shall be entitled to a refund in accordance with Section 9 of these Terms of Service.
16. Our Proprietary Rights
You acknowledge and agree that our Services and any necessary software used in connection with our Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Services or our Software, in whole or in part.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE MAKE NO WARRANTY THAT (i) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
18. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE OUR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, USER-CONFIGURED SETTINGS, OR UPLOADED CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR SERVICES.
19. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations above (particularly within the DISCLAIMER OF WARRANTIES and LIMITATIONS OF LIABILITY) may not apply to you.
20. Governing Law and Jurisdiction
Your rights and obligations and all actions contemplated by these Terms of Service shall be governed by the laws of the United States of America and the State of California, as if these Terms of Service were a contract wholly entered into and wholly performed within the State of California.
Any dispute, claim, or controversy arising in connection with these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms of Service to arbitrate, shall be determined by arbitration in Los Angeles County, California, before one arbitrator. Any final judgement rendered against a party by said arbitrator shall be conclusive as to the subject of such final judgement and may be enforced in other jurisdictions in any manner provided by law.
The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation or arbitration arising in connection with these Terms of Service in any jurisdiction other than that specified herein. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with these Terms of Service.
Service of process on you by us in relation to any dispute arising under these Terms of Service may be served upon you by first class mail to the address provided by you in your Registration Data or by electronically transmitting a true copy of the papers to the e-mail address provided by you in your Registration Data.
21. Special Admonition for Information and Tutorial Content
Our Services may include some informational and tutorial content intended to demonstrate the general use of our Services or to otherwise maximize or enhance your use of our Services. As information is subject to change, we shall not be responsible or liable for the accuracy, usefulness, or availability of any such information transmitted via our Services.
FolioSnap, foliosnap.com, the FolioSnap logo, the phrase "portfolio authority", and the phrase "click, click, done." (collectively "FolioSnap Marks") are trademarks and/or servicemarks of Globalcentric LLC. You agree to not use the FolioSnap Marks in any way that falsely implies a relationship or affiliation with, sponsorship, or endorsement by FolioSnap or that can be reasonably interpreted to suggest information comes from, or represents the views or opinions of FolioSnap or its employees.
23. Unsolicited Bulk E-Mail
Any user of e-mail or mailing list features included with our Services who sends unsolicited bulk e-mail or advertisements, commercial or otherwise, may have their account suspended or terminated and may be disallowed further access to our Services. We have the responsibility and sole discretion to immediately disable any account in order to forestall further abuse or damage to e-mail systems. Should this occur, the user may, at our sole discretion, be notified as soon as reasonably possible. Unsolicited advertisements or solicitations sent from other networks which reference websites or e-mail accounts hosted by us or otherwise belonging to our users shall be treated as if they originated from the account referenced, unless sufficient evidence exists to determine, at our sole discretion, that the message truly originated with some unrelated party. Postings made to the usenet newsgroups or other online forums which reference websites or e-mail accounts hosted by us or otherwise belonging to our users, which are deemed to be inappropriate according to the local ethical standards of that forum, may be treated in the same manner as unsolicited bulk e-mail.
24. Revision of Terms of Service
We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of our Services after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
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