This agreement is between photographer and FolioWebsites, a PhotoUp Inc company, a Delaware Corporation. Photographer certify that: photographer is older than 18 years of age; photographer is authorized to enter into this agreement on behalf of itself or its company; photographer is not impersonating anyone; and all information photographer provide in its registration is true.
By registering for and using FolioWebsites, a PhotoUp Inc company, site photographer agrees to be bound by the terms of this agreement. This agreement consists of the terms set forth in this document together with all applicable policies and procedures that appear on FolioWebsites, a PhotoUp Inc company’s website. FolioWebsites, a PhotoUp Inc, company may at its discretion without notice change these terms by posting the changes on its site. Photographer shall monitor and read these changes. Photographer accepts these changes when photographer continue to use the site after FolioWebsites, a PhotoUp Inc company, posts them. If a photographer doesn’t agree with a change, then he/she should discontinue use of their website and cancel their subscription.
FolioWebsites, a PhotoUp Inc company, reserves the right to make changes to its subscription plan offerings, data storage plans and pricing, and other service offering or 3rd party integrations. Photographer accepts these changes when photographer continues to use the services after FolioWebsites, a PhotoUp Inc company, makes the change.
FolioWebsites, a PhotoUp Inc company, may temporarily suspend its service whenever it needs to make upgrades, maintenance, and the like.
Notwithstanding any provision of this agreement, FolioWebsites, a PhotoUp Inc company, will have the right, in its sole discretion, to determine the content, appearance, design, functionality and all other aspects of its site (including the right to re-design, modify, remove and alter the content, appearance, design, navigation, functionality, and other aspects of the site and/or any page thereof and any element, aspect, portion or feature thereof, from time to time). FolioWebsites, a PhotoUp Inc company, will not do anything contrary to the law or that violates FolioWebsites user policies.
This agreement is effective on the date photographer signs up for any one of FolioWebsites, a PhotoUp Inc company, free or paid subscription plans or other company offerings. Either party may at any time terminate this agreement without cause and without notice. If FolioWebsites, a PhotoUp Inc company, terminates this agreement, then it may suspend or terminate photographer’s username, password and account, and remit the pro-rated monthly payment to the photographer, unless the termination is due to a violation of the photographer, in which case FolioWebsites, a PhotoUp Inc company, may terminate a photographers account without remittance of photographer’s payment.
Photographer shall pay FolioWebsites, a PhotoUp Inc company, for its services according to the pricing on the plan that photographer selects. FolioWebsites, a PhotoUp Inc company, will bill monthly for use of the Service or software on the billing date selected by the user or on the day of the month that the Photographer originally started paying on.
All invoices for any charges under this agreement are due and payable on the day submitted. For photographers paying via credit card, photographer’s credit card will be charged simultaneously with the creation of the photographer’s invoice. Photographer’s account will be considered delinquent (in arrears) if payment in full is not received by the due date specified on the invoice.
Amounts due are exclusive of all applicable taxes, levies, or duties, and Photographer will be responsible for payment of all such amounts. All amounts are payable in U.S. dollars, unless otherwise stated. If Photographer believes that any specific charge under this agreement is incorrect, in order to obtain a credit, Photographer must contact FolioWebsites, a PhotoUp Inc company, in writing within 30 days of invoice date setting forth the nature and amount of the requested correction; otherwise invoices are final.
In addition to other applicable remedies, FolioWebsites, a PhotoUp Inc company, may suspend and/or terminate Photographer’s access to the Service and/or terminate this agreement, upon three days’ email notice, if Photographer’s account becomes delinquent (falls into arrears) or the credit care on file does not successfully transact.
Delinquent invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable attorneys’ fees and court costs.
Appropriate Use of Service
Photographer may not sub-license, resell or supply the Service for use in or for the benefit of any other organization, entity, business, or enterprise without Vendor’s prior written consent.
Photographer agrees not to submit to the Service any material that is illegal, misleading, defamatory, indecent or obscene, in poor taste, threatening, infringing of any third party proprietary rights, invasive of personal privacy, or otherwise objectionable (collectively “Objectionable Matter”).
It is the Photographer’s sole responsibility to ensure that any Objectionable Matter is not submitted to FolioWebsites, a PhotoUp Inc company. In addition, FolioWebsites, a PhotoUp Inc company, may, at its option, adopt rules for permitted and appropriate use and may update them from time to time on FolioWebsites, a PhotoUp Inc company, web site; Photographer will be bound by any such rules.
FolioWebsites, a PhotoUp Inc company, may remove any photograph or data that constitutes Objectionable Matter or violates any of FolioWebsites, a PhotoUp Inc company, rules regarding appropriate use, but is not obligated to do so. Photographer will comply with all applicable laws regarding photos and data, use of the Service, including laws involving private data and any applicable export controls. FolioWebsites, a PhotoUp Inc company reserves, the right to terminate this agreement for cause in case the Photographer materially breaches the provisions of this section.
FolioWebsites, a PhotoUp Inc company, reserves the right to suspend or terminate immediately the Photographer’s account or activity that is disrupting or causing harm to FolioWebsites, a PhotoUp Inc company, computers, systems or infrastructure or to other parties, or is in violation of state or federal laws.
Passwords and Access
Photographer is responsible for all activities that occur under its account. Photographer is responsible for maintaining the security and confidentiality of all usernames and passwords.
Photographer shall notify FolioWebsites, a PhotoUp Inc company, immediately of any unauthorized use of its username or password or account or any other known or suspected breach of security. Photographer shall change its password if it’s compromised.
All photos and other data submitted by Photographer to FolioWebsites, a PhotoUp Inc company, will remain the sole property of Photographer.
Photographer will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of and copyright permissions for all photographs and data it submits to FolioWebsites, a PhotoUp company.
FolioWebsites, a PhotoUp Inc company, may use photographs uploaded and websites created by Photographer for various marketing activities on FolioWebsites.com or other affiliated marketing websites owned by FolioWebsites, a PhotoUp company.
FolioWebsites, a PhotoUp Inc company, may aggregate anonymous statistical data, including but not limited to use and functioning of its system, for various marketing and internal activities to improve the system. Such aggregated statistical data will be the sole property of FolioWebsites, a PhotoUp Inc company. FolioWebsites, a PhotoUp Inc company, will use commercially reasonable security measures to protect the photographs and data against unauthorized disclosure or use.
FolioWebsites, a PhotoUp Inc Company Data
FolioWebsites, a PhotoUp Inc company, and its suppliers retain all rights in FolioWebsites, a PhotoUp Inc company, to data such as text, audio, video, graphic and other information. This agreement grants no ownership rights to photographer. No license is granted to photographer except to use FolioWebsites, a PhotoUp Inc company, Services. FolioWebsites, a PhotoUp Inc company, names, logos, and the product names associated with FolioWebsites, a PhotoUp Inc company, online services are trademarks of FolioWebsites, a PhotoUp Inc company, or third parties, and they may not be used without FolioWebsites, a PhotoUp Inc company, prior written consent. Photographer shall not remove FolioWebsites, a PhotoUp Inc company, marks from these licensed materials.
Photographer may not alter, resell or sublicense FolioWebsites, a PhotoUp Inc company, services or software. Photographer shall not reverse engineer FolioWebsites, a PhotoUp Inc company, services or its software or other technology, in part or whole.
Photographer shall not use or access FolioWebsites, a PhotoUp Inc company, services to: (i) build a competitive product or service, (ii) make or have made a product using similar ideas, features, functions or graphics of the online services, (iii) make derivative works based upon the service or FolioWebsites, a PhotoUp Inc company, data or (iv) copy or share with any non-user not bound by the FolioWebsites, a PhotoUp Inc company, service agreement any features, functions or graphics of the services or FolioWebsites, a PhotoUp Inc company, data, either electronic or physical, including screenshots of the system.
Photographer shall not “frame” or “mirror” the services. Use, resale or exploitation of the services and/or FolioWebsites, a PhotoUp Inc company, data except as expressly permitted in this agreement is prohibited.
FolioWebsites, a PhotoUp Inc company, makes no warranty or representation, express or implied, including without limitation those of merchantability or fitness for a particular purpose regarding its website and services related to this agreement.
FolioWebsites, a PhotoUp Inc company, services, products and content are provided to photographer on an “as is” and “as available” basis. Photographer assumes all responsibility for determining whether the service or the information generated thereby is accurate or sufficient for its purposes.
FolioWebsites, a PhotoUp Inc company, does not warrant that use of the system will be error-free or uninterrupted. FolioWebsites, a PhotoUp Inc company, is not responsible for software installed or used by photographer or for the operation or performance of the Internet.
FolioWebsites, a PhotoUp Inc company, is responsible and has all discretion related to customer service issues related to use of its site.
The aggregate liability of FolioWebsites, a PhotoUp Inc company, and its affiliates (and their respective employees, directors, agents and representatives) for any sort of claim related to this agreement, including contracts and torts, that photographer makes against it will not exceed the amount earned by FolioWebsites, a PhotoUp Inc company, under this agreement in the twelve months before the event occurred. Except as otherwise provided in this agreement, photographer shall pay for all of FolioWebsites, a PhotoUp Inc company, financial losses related to any sort of third-party claim.
Terms of Service
In exchange for the yearly subscription you pay, we will provide you with a website template built on the FolioWebsites platform and host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting plan included with the yearly subscription. For clarity, on this page, the term “services” or “service” refers to the web hosting and website templates that we will provide to you. The term “FolioWebsites” or “us” or “we” refers to FolioWebsites, formerly a subsidiary of H2O CREATIVE, LLC. The term “Client” or “you” refers to purchasers of FolioWebsites service.
- Change the site services, including eliminating or discontinuing any content or feature of the site services.
Fees and Pricing
FolioWebsites charges various monthly subscription fees and data storage fees for FolioWebsites’s service through automatic scheduled Stripe transactions each month. All payments are in USD.
Templates and Ownership
FolioWebsites has/will provide Client with a website template in accordance with a purchase order or other documents setting forth the design, style, and name of the FolioWebsites template. FolioWebsites grants Client a limited, non-exclusive, non-transferable license to use the Template for the sole purpose of marketing and providing information on the World Wide Web regarding Client’s business. The FolioWebsites back-end database will allow Client to log in to Client website template with a password and upload, edit, and delete images in specified galleries. Client may access data on the FolioWebsites servers contained in their account only. With the exception of read-only access to log files, neither Client, nor any users, shall have the authority to access, read, or write data to any other location or account on the FolioWebsites servers. Client may not use the Template for any other purpose.
U.S. copyright laws and international copyright treaties protect the Templates and FolioWebsites Databases. The Database is Confidential Information as hereinafter set forth are proprietary to FolioWebsites, and title shall remain in FolioWebsites. All applicable common law and statutory rights to the aforesaid including, but not limited to, rights in confidential and trade secret material, source code, object code, menus, structure and sequence, screenshots, trademarks, service marks, patents, and copyrights, shall be and will remain the property of FolioWebsites. Client shall have no right, title, or interest in such proprietary rights except as set forth herein.
THE TEMPLATES CONTAIN CONFIDENTIAL AND TRADE SECRET MATERIAL AND THE KNOW-HOW OF FolioWebsites, WHICH IS NOT READILY SUSCEPTIBLE TO REVERSE ENGINEERING, REVERSE DECOMPILING, OR DISASSEMBLING AND MAY CONTAIN PRINTED OR VISUALLY-PERCEPTIBLE MATERIALS DESCRIBING THE USE OR DESIGN OF WHICH IS PROPRIETARY TO FolioWebsites.
Refunds and Cancellations
Due to the open source nature of FolioWebsites website templates, all sales are final. The monthly payment for FolioWebsites service is non-refundable. In the case where a Photographer signs up for a quarterly or annual term and then wishes to cancel their subscription prior to the end of their term, Photographer will be charged one-half (1/2) their remaining aggregate subscription fees for their committed service term.
There will be no refunds or credits for partial months or years of service or refunds for months unused with an open and/or active account. In order to treat everyone equally, no exceptions will be made.
If a client does not cancel the automatic subscription set up and authorized within FolioWebsites, the client understands that the monthly, quarterly or yearly subscription will automatically renew and the client authorizes FolioWebsites to collect the then-applicable subscription fee.
If a client’s PayPal subscription for service is skipped or fails to be paid, FolioWebsites will suspend the client’s service after 72 hours of the unpaid subscription fee. Once overdue subscription is paid and reinstated, FolioWebsites will unsuspend client’s service within 24 hours.
All disputes and overcharges must be reported directly to FolioWebsites, in writing (email is acceptable), within 48 hours after opening a dispute. Any Client that initiates a chargeback, reversal, retrieval request, or other dispute with their credit card issuing bank (“Dispute”) will be charged a $50 service fee to reimburse FolioWebsites for dispute resolution. The Client’s account will be immediately suspended or terminated pending investigation.
After cancellation of FolioWebsites service, the client’s website and all hosting account content may be deleted by FolioWebsites and FolioWebsites accepts no liability for such deleted information or content. FolioWebsites is, however, under no obligation to delete all content or account information and may do so at the sole discretion of FolioWebsites.
All fees for FolioWebsites service are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes when applicable.
Hosting and Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing a FolioWebsites website from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website. Please note that even though you upload a copy of your content to our servers, you must always retain a backup copy of your content, databases and other web-files, as in effect from time to time, so you can reload them in the event of any technical issues, such as server problems, technical or system related issues, loss of that content from our servers, etc.
FolioWebsites service includes hosting in order to maintain proper functionality of FolioWebsites website themes as well as highly specific website support. If Client chooses to host his/her Folio Website Theme on a different server, Client understands that FolioWebsites can no longer provide support for his/her website theme, and forfeits the ability to receive support regarding FolioWebsites service.
Changing Websites Themes
FolioWebsites allows our clients to change website themes at their choosing via a client’s Themes setting page from the FolioWebsites website builder. FolioWebsites reserves the right to make changes to themes, either adding or removing features as determined by FolioWebsites, in order to improve the Service.
FolioWebsites does not provide email hosting and does not provide email support. We recommend users use Google Apps for their email needs and to contact Google Apps support with any support questions. FolioWebsites is not responsible for any emails lost due to improper setup of email service.
Passwords and Security Responsibility
Client is solely and personally responsible for maintaining the security of Client’s website theme and hosting account, including the responsibility to protect his/her Username and Password and the access they grant. Client is fully responsible for all activities that occur under his/her account and any other actions taken in connection with FolioWebsites service.
Client may not disclose or share his/her password with any third parties or use his/her password for any unauthorized purpose. Any access to FolioWebsites service using a Username and Password will be considered to be the client and any loss of information or account due to use of a Username and Password will be the sole responsibility of the client. Client agree to immediately notify FolioWebsites service in writing of any unauthorized uses of the account or any other breaches of security.
Client acknowledges and agrees that under no circumstances will FolioWebsites be liable, in any way, for any acts or omissions by any client or a Guest, including any damages of any kind incurred as a result of such acts or omissions or from Clients failure to comply with this security obligation. FolioWebsites service only stores an encoded version of each Password, is not capable of knowing or accessing any client Passwords, and will not under any circumstances be liable for the loss, resetting, or use of any Username or Password.
For legal reasons with music royalty licensing, FolioWebsites does not include music with our websites. If the client chooses to add music to their Folio theme they are responsible for uploading as well as licensing the music they upload. FolioWebsites is not responsible for any issues that may arise regarding the addition of music to the clients website.
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information, via Stripe.
FolioWebsites is not liable for any data or information loss due to server failure and or any other technical failures.
Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site.
FolioWebsites shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site.
User is solely responsible for making backup copies of the User Content. FolioWebsites is not responsible for maintaining backup copies of any user content or materials, including without limitation any User Web sites, databases, web files, or e-mail or other user data or information, or other content or materials. FolioWebsites cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site will always be available. Users should always keep up-to-date copies of all such materials and content to a local computer and FolioWebsites strongly suggests that Users regularly make additional copies (on tape, CD, usb drives, another desktop, or elsewhere) to ensure the availability of such files, content or materials.
All products and services provided by FolioWebsites may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless FolioWebsites from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising are prohibited on any FolioWebsites server. This is also true for sites that promote any illegal activity or content that may be damaging to FolioWebsites servers or any other server on the internet. Links to such materials are also prohibited. This policy is in effect because of the excessive load this material puts on our servers and bandwidth, and the legal ramifications of such sites.
FolioWebsites will be the sole arbiter as to what constitutes a violation of this provision. Any accounts found in violation of this policy will be cancelled.
Limitation of Liability
You expressly understand and agree that FolioWebsites 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 FolioWebsites has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (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 the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
You expressly understand and agree that FolioWebsites shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to errors in automatic credit card debits performed by our 3rd party billing services.
The information and materials contained on this web site have been compiled from a variety of sources and, as such, are subject to change without notice. In no event will FolioWebsites be liable for any damages, whether direct, indirect, general, consequential, incidental, exemplary or special, arising from the use of information provided on this server or through links to any other servers. Communications to FolioWebsites via this web site shall in no way be deemed to constitute legal or official notice to FolioWebsites, its agencies, officers, employees, representatives or agents with respect to any existing, pending or future claim or cause of action against FolioWebsites or any of its agencies, officers, employees, representatives or agents where notice is required by Federal, State or local law. Nor shall communications to FolioWebsites via this web site be deemed to constitute legal or official notice for any other purpose.