Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The content and services offered at www.Foliofox.com, www.Foliofoxmag.com, www.creativeworkbook.com, www.Foliofox.net, and associated "[field]served.com" sites, as well as custom creative network sites powered by Foliofox ("Foliofox"), and any communications service (including the capability to contribute links and other information (each such submission, a "Contribution")), or other interactive service that may be available to you on or through this site, are provided to you under the terms and conditions of this Foliofox Terms of Service ("BTOS"), and any operating rules or policies that may be published by Foliofox at the URL: www.Foliofox.com or www.Foliofox.net and affiliated sites (the "Service"). The BTOS and all such operating rules or policies comprise the entire agreement between you and Foliofox and supersede all prior agreements between you and Foliofox regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING FOLIOFOX, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
The annual and monthly fee is payable in advance and each renewing year must be paid before the end of the annual period. Fees for other services will be due at the time such services are performed. All fees once paid are non-refundable. FolioFox may at any time modify the terms and conditions of this agreement.
ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED
You must be eighteen or older to register as a member of Foliofox. Use of the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
GENERAL TERMS AND CONDITIONS
Foliofox Ltd may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on Foliofox.net. By using this site after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms and Conditions, please do not use this site.
DESCRIPTION OF SERVICE
Foliofox provides Users with a variety of online services, including but not limited to:
FOLIOFOX-GENERATED CONTENT. Examples of how creative professionals manage their ideas and increase productivity.
USER-GENERATED CONTENT. Uploaded or entered multimedia content developed and owned by creative professionals across industries.
JOB LIST. A directory of jobs in the creative professional community.
SIGN-UP ONLY SEMINARS & PRIVATE EVENTS. A private event is a private gathering or get-together hosted and attended by either Foliofox or a group of Foliofox users.
PUBLIC EVENTS. A public event is a gathering or get-together that is open to all members of the Foliofox community.
ONLINE STORE "OUTFITTER". Foliofox sells productivity-related products and services in its online outfitter.
OTHER FEATURES. You may also conduct various other tasks through the service. In order to use any feature of the Service not described above, you may be required to register for a free Foliofox account.
EVENT DISCLAIMERS AND LIMITATION OF LIABILITY:
EVENT DISCLAIMERS AND LIMITATION OF LIABILITY: YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE EVENT IS AT YOUR SOLE AND EXCLUSIVE RISK. BY USING FOLIOFOX YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. FOLIOFOX HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING FOLIOFOX, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARTIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE FOLIOFOX FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS FOLIOFOX, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS.
You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your Profile Page and information, photos, images, sound files or other Content posted by you in a forum or other page. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. Foliofox does not own or control the Content posted by Users via the Service and, does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will Foliofox be liable in any way for any Content posted by any User or third party, including, but not limited to, liability 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 the Service.
For users of the Foliofox "JobList" portion of the site, Foliofox does not permit any postings that point to spec work contests or other opportunities that solicit customized, unpaid creative work from creative professionals. Any such postings may be removed and no refunds will be made to the poster of such notifications in the JobList service.
USER'S GRANT OF LIMITED LICENSE
Foliofox LTD does not claim any permanent ownership of Content you submit or make available for inclusion on the Service. However, in the modern age of content hosting and the propagation and streaming of content across the web, we require a limited license to host and display this content, as specified below, which lasts as long as you chose to host your work on the service. For example, one purpose for this limited license is to enable Foliofox to stream and present your work across the Foliofox Network and partner sites that present your work professionally - linking back to your portfolio. This day in age, we require a limited license for your content in order to present it in the many places and various forms across the Foliofox Network sites and other sites powered by the Foliofox Network platform and/or the Foliofox Network API.
The limited license below is required to allow Foliofox to host, display, organize, and propagate a member's portfolio of projects.
By communicating with Foliofox Ltd, including submitting or sending Content, a Contribution, correspondence or other information or material to Foliofox ("Your Content"), you grant Foliofox LTD a limited license, for the period of time your portfolio of Your Content is published in Foliofox's systems, to display the work royalty-free, unrestricted, and world-wide, across Foliofox's sites, in search results, and in Foliofox-powered Galleries and Showcases. In some instances, media must be reformatted for display and incorporation into Foliofox's galleries. As such, during this limited license, you allow Foliofox LTD to reproduce, modify, publish, translate, distribute, perform and display Your Content (in whole or part), and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such limited license also includes incorporating a Contribution, in whole or in part, into a Foliofox feature or in promotional or marketing materials (attributed properly to the artist).
Foliofox will NEVER assume ownership of your work, and the artist's copyright settings, as selected by the artist, will remain associated with each published project. This limited license is required for the nature of Foliofox Network's platform. Work submitted to Foliofox remains owned by the artist, under the artist's selected copyright settings, and artists decide whether or not to sell their work to third parties - Foliofox does NOT act as an intermediary in selling creative work.
You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of Your Content. You acknowledge and agree that the display or inclusion of Your Content shall be in the sole discretion of Foliofox and Your Content may or may not be included on the Foliofox website for any reason or no reason at all.
BY UPLOADING CONTENT TO FOLIOFOX'S WEBSITES YOU AGREE NOT TO VIOLATE ANY LAW, REGULATION OR AGREEMENT WITH RESPECT TO ANY INTELLECTUAL PROPERTY RIGHT WHICH MAY APPLY, AND YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, FOLIOFOX LTD, IT'S OWNERS, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS ALLEGING VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT ASSOCIATED WITH YOUR USE OF THE WEBSITE.
Each site and the Services are provided to you solely for entertainment and organizational purposes. You acknowledge and agree:
a. to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and/or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Foliofox LTD reserves the right to reject any of your Contributions and to terminate your right to use the Site and refuse any and all current or future use of the Services.
b. without limitation of the foregoing, not to use the Site or Services to submit any Contribution regarding any products or multimedia files, or make comments about them, that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
c. not to harvest, collect or store information about Users or the content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of Foliofox, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited. Unauthorized framing of Foliofox and Foliofox.net is also prohibited. Inappropriate use may result in your being removed from participant listings without notice and may result in termination of your privileges for participation in Foliofox. Appropriate legal action may also be taken for any unauthorized use of Foliofox.
d. that Foliofox LTD is not responsible for material submitted to Foliofox or posted to the Site by Users. Foliofox LTD does not pre-screen, monitor, review or edit the Contribution posted by Users. However, Foliofox LTD and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Contribution, in whole or part, that in Foliofox LTD's judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Foliofox LTD is not responsible for any failure, non-failure or delay in removing such Contribution. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Foliofox LTD. You agree to immediately notify Foliofox LTD of any unauthorized use of the Service or any other breach of security that you know or suspect.
MODIFICATIONS TO SERVICE
Foliofox LTD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Foliofox LTD shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
INTELLECTUAL PROPERTY RIGHTS
a. You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including but not limited to Contributions ("Content"), including Content contained in sponsor advertisements or information presented to you through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
b. Thus, all Content is either the copyrighted property of Foliofox LTD, or the copyrighted content of its Users that created and submitted the content, and its affiliates or licensors or, in some cases, the content is assigned a license under the Creative Commons licensing system (when specified). As between Foliofox LTD and you, Foliofox LTD is the sole owner of all Foliofox-generated content on the Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Participant in Foliofox retains all rights, titles, and interests in and to the content provided by the Participant hereunder (including, without limitation, the copyrights in and to the Participant's Content), subject to the non-exclusive rights in the licenses granted to Foliofox under this agreement. Participant is free to grant similar rights to others during and after the Term of this Agreement.
c. All individual articles, content and other elements comprising this Service are also copyrighted works. In addition to abiding by any rights each author may have retained in connection with each such article, you must also abide by all additional copyright notices or restrictions contained in this Service.
d. Unless expressly permitted by Foliofox LTD or advertisers, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any part of this Service. You may download Content for your own personal use as follows: you may make one print copy that is limited to occasional articles of personal interest only. In addition, these files may not be used to construct any kind of database.
e. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or trademark, that has not been expressly authorized by us.
Upon a request by Foliofox LTD, you agree to defend, indemnify and hold Foliofox LTD, its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or Users authorized by you or any violation of these Terms and Conditions by you (including, but not limited to, any claim that your Contribution infringes the rights of any third party). Foliofox LTD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Foliofox LTD in asserting any available defense.
You acknowledge and agree that Foliofox LTD may preserve any Contribution and may also disclose your Contribution if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms and Conditions; (c) to respond to claims that any Contribution violates the rights of third-parties; or (d) to protect the rights, property, or personal safety of Foliofox LTD, its Users or the public.
a. You understand that the technical processing and transmission of the Site, including your Contribution, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Foliofox LTD assumes no responsibility for the deletion or failure to store Contributions or other information submitted by you or other Users to Foliofox.
b. Any or all Content on the Site may be purged periodically at Foliofox LTD's sole discretion. You acknowledge and agree that all Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by Foliofox LTD or submitted to Foliofox LTD. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of Foliofox LTD, and Foliofox LTD does not support or endorse Content (including any Contribution, whether or not edited by Foliofox LTD or its designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
c. In operating this site, Foliofox LTD does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. Any information or material submitted or sent to Foliofox LTD, will be deemed not to be confidential or secret. By submitting or sending information or other material to Foliofox LTD you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set forth above ("User Conduct").
You may be able to link to third parties' Sites ("Linked Sites") from the Foliofox LTD Site. Linked Sites are not, however, reviewed, controlled, or examined by Foliofox LTD in any way and Foliofox LTD is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Foliofox LTD's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Foliofox LTD be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. Foliofox LTD reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users.
a. SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OFFENSIVE, INCLUDING BUT NOT LIMITED TO SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
b. Permission must be granted by us for any type of link to Foliofox. To seek our permission, you may write to Foliofox. We reserve the right, however, to deny permission to link to Foliofox or rescind any permission previously granted by us to link through any type of link, and to require termination of any such link to the Site, at our discretion at any time.
DEALINGS WITH ADVERTISERS & SPONSORS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Foliofox LTD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
This Site is not intended for use by children under thirteen (13) years of age, and Foliofox LTD does not knowingly collect personal information from children under thirteen years of age. Some of the available information may concern certain topics that may not be appropriate for children. Foliofox LTD may, at its discretion, require Users under 18 to obtain the consent of a parent or guardian to view certain content, and Foliofox LTD may limit access to certain content to Users above a specified age. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions.
DISCLAIMER OF WARRANTIES
a. THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, FOLIOFOX AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE.
b. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
c. FOLIOFOX LTD DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
d. FOLIOFOX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (RATHER THAN FOLIOFOX OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
e. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
f. SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
LIMITATION OF LIABILITY
a. IN NO EVENT WILL FOLIOFOX LTD, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF FOLIOFOX LTD OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE FOLIOFOX FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS FOLIOFOX, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS.
b. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FOLIOFOX LTD'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
COPYRIGHTS AND COPYRIGHT AGENT
We respect the intellectual property rights of others, and require that the people who use the Foliofox Site do the same.
a. If you believe that your work has been copied in a way that constitutes copyright infringement, please first attempt to contact the owner of the portfolio that you believe is in violation, and request to have the content removed. You can do so by selecting "Send Message" in the user's profile page. If you are unable to resolve the issue directly with the user, please forward the following information to the Copyright Agent at energy [ at ] Foliofox [ dot ] com with "COPYRIGHT VIOLATION [insert project link URL]" in the subject line, and please include:
(i) Your name, address, telephone number, and e-mail address;
(ii) A description of the copyrighted work that you claim has been infringed;
(iii) A description of where the alleged infringing material is located;
(iv) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(v) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
(vi) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
b. Please do not send us notice pursuant to this section by regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us at (646)-918-7738 to confirm that we received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties.
c. We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question. Therefore, please provide proof of copyright registration in the image or text concerned, OR, absent such registration, other evidence to support your claim that you own the copyright in the image or text.
d. Please note that you may be held liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our site infringes your copyright.
APPLICABLE LAWS / JURISDICTION
a. You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or any other country in which you reside.
b. Notwithstanding local rules or laws regarding your use of the Site, you agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with Foliofox LTD or relating in any way to your use of the Site shall be in the federal or state courts located in New York County, New York, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving Foliofox LTD or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.
c. We operate the Site from our offices in New York, New York. We do not represent that materials on the site are appropriate or available for use outside of New York, New York. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to us through our contact form. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms and Conditions shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms and Conditions are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. Foliofox LTD may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us.
Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the states and federal courts of the US.