TERMS & CONDITIONS
Application
The following Terms and Conditions ("Terms") are applicable to
Myfoliolab©. The Myfoliolab© website is referred to generically herein
as the "Website". The services provided by Myfoliolab© via
the Website (other than third party websites accessible via the Website)
are subject to these Terms and any policies that may be published by Myfoliolab©
from time to time. The Terms and any applicable policies comprise the entire
agreement between you and Myfoliolab© and supersede all prior agreements
regarding the subject matter contained herein.
Acceptance of Terms
BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT
WISH TO BE BOUND BY THE TERMS, IMMEDIATELY DISCONTINUE USING THIS WEBSITE.
Description of Service
Myfoliolab© makes various services available on the Website including,
but not limited to, the capability to create, post and exchange digital
files. Fees for the various services are set out in the Pricing section
on the Website. You are solely responsible for providing, at your own
expense: (i) all equipment, including a computer and modem; and (ii)
your own Internet access.
In order to access some of the services, you will require a separate account
and password which can be obtained by completing the online registration
form ("Registration Data") and maintaining and updating your
Registration Data as required.
YOU GRANT Myfoliolab© THE RIGHT TO DISCLOSE TO THIRD PARTIES CERTAIN
REGISTRATION DATA ABOUT YOU, WHICH DISCLOSURE IS MORE FULLY DESCRIBED IN
AND GOVERNED BY THE PRIVACY POLICY. WE ASK THAT YOU PLEASE READ OUR PRIVACY
POLICY SET FORTH BELOW AND ON THE WEBSITE, BECAUSE IT CONTAINS THE TERMS
AND CONDITIONS OF OUR PERSONAL INFORMATION HANDLING PRACTICES. IN ADDITION,
OUR PRIVACY POLICY IS INCORPORATED INTO, AND FORMS A PART OF, THESE TERMS
AND YOU WILL THEREFORE BE SUBJECT TO THE PROVISIONS CONTAINED IN OUR PRIVACY
POLICY.
YOU AGREE NOT TO HOLD Myfoliolab© LIABLE FOR ANY DAMAGE TO, ANY DELETION
OF OR ANY FAILURE TO STORE YOUR FILES, DATA OR REGISTRATION DATA. You further
acknowledge that Myfoliolab© has a fixed upper limit on the amount of
disk space that you may use.
Grant of Limited Licence
Subject to the license granted herein, you retain all rights in and to
any of your material you upload to the Website. In order to enable Myfoliolab©
to provide the Website, you grant Myfoliolab© and its designated licensees
a non-exclusive, royalty free, worldwide right to copy, distribute, use
in connection with the operation of the Website, such material, regardless
of the medium, technology, or form in which it is used. Such use by Myfoliolab©
may include, but will not be limited to, use of any information or images
posted to the Website to be included as part of a screen option, demonstration
or brochure for the purpose of promoting your material or the Website.
You acknowledge that Myfoliolab© may be required to compress or perform
other technical processing of your uploaded files due to technical limitations
on the Website.
Backup Copies of Images
The Website is not designed or intended to be used as a disaster recovery
facility or as an emergency data storage facility. Although Myfoliolab©
takes what we believe to be reasonable precautions to preserve and protect
the material you upload to the Website, you should not rely on the Website
as your only storage facility. You should preserve copies of your film
negatives or slides, and backup copies of any digital data or information
that you have uploaded.
Security of Your Account
You are solely responsible for maintaining the confidentiality of your
password and account and for any and all activities which occur under
your account. You agree to immediately notify Myfoliolab© of any unauthorized
use of your account.
Your Conduct
(a) Your use of the Website is subject to all applicable laws and regulations,
including Netiquette.
(b) You agree not to upload or otherwise transmit through the Website
any unlawful, harassing, libelous, abusive, profane, threatening, harmful,
vulgar, obscene, sexually explicit, pornographic, illegal or otherwise
objectionable material of any kind or nature.
(c) You further agree not to gain or attempt to gain unauthorized access
to other computer systems via the Website.
(d) You agree not to upload or otherwise transmit through the Website
any material that: (i) infringes on any third party rights; and (ii) contains
any virus or other harmful code that may change or disrupt the Website
or any other user's equipment or software.
(e) Your right to use the Website is personal to you. You agree not to
resell or make any commercial use of the Website or transfer your rights
herein, without the express written consent of Myfoliolab©, which consent
shall be at Myfoliolab©'s sole discretion.
Content
Myfoliolab© neither endorses or assumes any liability for the contents
of any material uploaded or submitted by third party users of the Website.
The Website acts only as a passive conduit for online storage of materials
uploaded or submitted to the Website. Myfoliolab© retains the right
to delete content that it deems in its sole discretion to be objectionable,
but makes no claim to ensure that all objectionable or illegal content
will be removed from the Website. You hereby consent to such removal
and waive any claim against Myfoliolab© arising out of such file removal.
You acknowledge and agree that, during the course of providing the Website,
Myfoliolab© may be required to grant access to a third party and/or
decrypt files in response to a court order or in response to a request
from law enforcement or other government authority. You hereby consent
to such legal production and waive any claim against Myfoliolab© arising
out of such court order.
Copyright
The entire content of the Website in aggregate is owned by Myfoliolab©,
and protected as a collective work under United States, Canadian, and
international intellectual property laws, treaties and conventions, including
the Berne Convention for the Protection of Literary and Artistic Works.
Portions of the Website are provided to Myfoliolab© under license.
The copying, reproduction, or publication of any part of the Website
is prohibited, unless expressly authorized in writing by Myfoliolab©.
No copyrighted material may be uploaded or submitted to any Website by
anyone without the permission of the copyright owner or persons authorized
by the copyright owner. You are solely responsible for obtaining all such
necessary permission at your sole cost and expense before uploading any
such material to the Website.
You acknowledge that content, including but not limited to text, music,
sound, photographs, video, graphics or other material contained on the
Website ("Content") is owned or licensed by Myfoliolab© and
other third parties and is protected by copyrights, trade-marks and/or
other rights and laws. You may download the material available on the Website
for your personal, non-commercial use only. Except as may be permitted
by copyright law, you are responsible for obtaining permission from the
copyright owner before reusing any copyrighted material that is on the
Website. In the event of any permitted copying, redistribution or publication
of copyrighted material from the Website, no changes in or deletion of
author attribution, trade-mark legend or copyright notice shall be made.
You acknowledge that you do not acquire any ownership rights by downloading
copyrighted material from the Website.
Privacy Policy
For Myfoliolab©'s privacy policy, please see Privacy Policy below, which
may also be accessed through the Website.
Notice
All notices to you may be given by any means including, but not limited
to: (a) email; (b) conventional mail; (c) notices or messages posted
on the Website; or (d) any other means by which you obtain notice thereof.
Access to Third Party Websites
Myfoliolab© is not responsible for the content of any third party website
which you access through the Website. If you decide to access any such
third party website, you do so entirely at your own risk.
From time-to-time, Myfoliolab© may enter into strategic relationships
with third party websites whereby portfolios of Myfoliolab© members
will be visible through those third party websites. You agree that your
portfolio, whether purchased through Myfoliolab© directly or via an
access or offer on or in connection with a third party website, shall be
deemed to have been purchased from Myfoliolab© for services offered
directly on the Website. You also acknowledge that Myfoliolab© may terminate
any such strategic relationship at any time without notice to you. If any
such strategic relationship is terminated, your sole recourse is to terminate
your relationship with Myfoliolab© in accordance with the termination
policy below.
Modifications to Terms and Privacy Policy
Myfoliolab© reserves the right to change the Terms and Privacy Policy
from time to time. Such changes, modifications, additions or deletions
shall be effective immediately, and Portfolio.com will make reasonable
efforts to notify you of such modifications by email to the address listed
by the registered user, posting a notice that modifications have been
made on the top or this page or on Portfolio.com home page, or other
means that Portfolio.com believes is reasonable in the circumstances.
You acknowledge and agree that it is your responsibility to maintain
a valid email address as a registered user, review this Website and these
Terms and the Privacy Policy periodically and to be aware of any modifications.
Myfoliolab© shall not be liable to you or any third party should Myfoliolab©
exercise such right. Your continued use of the Website after such modifications
will constitute your: (a) acknowledgement of the modified Terms and Privacy
Policy; and (b) agreement to abide and be bound by the modified Terms
and Privacy Policy.
Modifications to Website and Services
Myfoliolab© reserves the sole right to either modify or discontinue
the Website, including any features therein at any time with or without
notice to you. Without limiting the foregoing, Portfolio.com may, from
time to time as it reasonably determines, change the attributes to various
levels of "portfolio service" selected by visitors, change
the pricing structure, add or remove non-fee and fee based services,
or change its limitation on allowable file size; provided however, that
Portfolio.com will not retroactively make such changes which have been
previously paid for by you. Myfoliolab© shall not be liable to you
or any third party should Myfoliolab© exercise such right. Portfolio.com
will make reasonable efforts to notify you of such changes by way of
email or posting a notice of such change on its Website and you acknowledge
and agree that these are appropriate and reasonable methods of notifying
me of such modifications. Please ensure that you attend to your email
periodically and visit the Website periodically to check whether any
modifications have been made.
Indemnification
You agree to indemnify and hold Myfoliolab©, its subsidiaries, affiliates,
directors, officers and employees, harmless from any claim or demand,
including reasonable legal fees and expenses, due to or arising out of
your use of the Website, which cause direct or indirect damage or harm
to a third party.
Termination
Either you or Myfoliolab© may terminate your relationship with or without
cause at any time. You agree that Myfoliolab© may, in its sole discretion,
terminate or suspend your access to all or part of the Website for any
reason, including, without limitation, breach of the Terms. If Portfolio.com
reasonably suspects fraudulent, abusive or illegal activity, it will
terminate your relationship with Portfolio.com and we may refer such
suspicions to appropriate law enforcement authorities.
Should you object to the Terms or Privacy Policy or any subsequent modifications
thereto or become dissatisfied with the Website in any way, your only recourse
is to immediately: (a) discontinue use of the Website; (b) terminate your
membership; and (c) notify Myfoliolab© of your termination.
Myfoliolab© shall not be liable to you or any third party for any claims
or damages arising out of any termination or suspension.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Myfoliolab© EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
Myfoliolab© MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS,
OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES Myfoliolab© MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR
DOWNLOADING SUCH MATERIAL AND/OR DATA. Myfoliolab© MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE.
Limitation of Liability
Myfoliolab© SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY
TO USE THE WEBSITE INCLUDING ANY DAMAGE THAT RESULTS FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF Myfoliolab© HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR AN AMOUNT GREATER
THAN THE AGGREGATE AMOUNT YOU PAID TO PORTFOLIO.COM IN THE 12 MONTHS
IMMEDIATELY PRECEDING THE CAUSE OF ACTION.