The following terms and conditions govern all use of the FolioHD.com website and
all content, services and products available at or through the website, including,
but not limited to, the FolioHD.com paid portfolio service, (taken
together, the Website). The Website is owned and operated by Critical Axiom, LLC. (“Critical Axiom”).
The Website is offered subject to your acceptance without modification of all of
the terms and conditions contained herein and all other operating rules, policies
and procedures that may be published from time to time on
this Site by Critical Axiom (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing
or using any part of the web site, you agree to become bound by the terms and conditions
of this agreement. If you do not agree to all the terms and conditions of this agreement,
then you may not access the Website or use any services. If these terms and conditions
are considered an offer by Critical Axiom, acceptance is expressly limited to these
terms. The Website is available only to individuals who are at least 13 years old.
- Your FolioHD.com Account and Site. If you create a portfolio on the
Website, you are responsible for maintaining the security of your account and portfolio,
and you are fully responsible for all activities that occur under the account and
any other actions taken in connection with the portfolio. You must not describe or assign
keywords to your portfolio in a misleading or unlawful manner, including in a manner
intended to trade on the name or reputation of others, and Critical Axiom may change
or remove any description or keyword that it considers inappropriate or unlawful,
or otherwise likely to cause Critical Axiom liability. You must immediately notify Critical Axiom
of any unauthorized uses of your portfolio, your account or any other breaches of security.
Critical Axiom will not be liable for any acts or omissions by You, including any damages
of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a portfolio, comment
on a portfolio, post material to the Website, post links on the Website, or otherwise
make (or allow any third party to make) material available by means of the Website
(any such material, “Content”), You are entirely responsible for the content of,
and any harm resulting from, that Content. That is the case regardless of whether
the Content in question constitutes text, graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
- the Content you are uploading or linking to is either (i) created solely by
you, or (ii) created by a group of individuals or companies with direct involvement by you;
- the downloading, copying and use of the Content will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark or trade secret
rights, of any third party;
- if your employer has rights to intellectual property you create, you have either
(i) received permission from your employer to post or make available the Content,
including but not limited to any software, or (ii) secured from your employer a
waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and
have done all things necessary to successfully pass through to end users any required
terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses
or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated,
and does not contain unethical or unwanted commercial content designed to drive
traffic to third party sites or boost the search engine rankings of third party
sites, or to further unlawful acts (such as phishing) or mislead recipients as to
the source of the material (such as spoofing);
- the Content is not libelous or defamatory (more
info on what that means), does not contain threats or incite violence towards
individuals or entities, and does not violate the privacy or publicity rights of
any third party;
- your portfolio is not getting advertised via unwanted electronic messages such as spam
links on newsgroups, email lists, other blogs and web sites, and similar unsolicited
promotional methods;
- your portfolio is not named in a manner that misleads your readers into thinking that
you are another person or company. For example, your portfolio’s URL or name is
not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized
and/or described the type, nature, uses and effects of the materials, whether requested
to do so by Critical Axiom or otherwise.
By submitting Content to Critical Axiom for inclusion on your Website, you grant Critical Axiom
a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt
and publish the Content solely for the purpose of displaying, distributing and promoting
your portfolio and/or the Website. If you delete Content, Critical Axiom will use reasonable efforts to remove
it from the Website, but you acknowledge that caching or references to the Content
may not be made immediately unavailable.
Without limiting any of those representations or warranties, Critical Axiom has the
right (though not the obligation) to, in Critical Axiom’s sole discretion (i) refuse
or remove any content that, in Critical Axiom’s reasonable opinion, violates any Critical Axiom
policy or is in any way harmful or objectionable, or (ii) terminate or deny access
to and use of the Website to any individual or entity for any reason, in Critical Axiom’s
sole discretion. Critical Axiom will have no obligation to provide a refund of any amounts
previously paid.
- Fees and Payment. Optional premium paid services such as extra
storage, domain purchases or email forwarding are available on the Website. By selecting
a premium service you agree to pay Critical Axiom the monthly or annual subscription
fees indicated for that service. Payments will be charged on the day you sign up for a premium service and
will cover the use of that service for a monthly or annual period as indicated.
Premium service fees are not refundable.
- Responsibility of Website Visitors. Critical Axiom has not reviewed,
and cannot review, all of the material, including computer software, posted to the
Website, and cannot therefore be responsible for that material’s content, use or
effects. By operating the Website, Critical Axiom does not represent or imply that it
endorses the material there posted, or that it believes such material to be accurate,
useful or non-harmful. You are responsible for taking precautions as necessary to
protect yourself and your computer systems from viruses, worms, Trojan horses, and
other harmful or destructive content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing technical inaccuracies,
typographical mistakes, and other errors. The Website may also contain material
that violates the privacy or publicity rights, or infringes the intellectual property
and other proprietary rights, of third parties, or the downloading, copying or use
of which is subject to additional terms and conditions, stated or unstated. Critical Axiom
disclaims any responsibility for any harm resulting from the use by visitors of
the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot
review, all of the material, including computer software, made available through
the websites and webpages to which FolioHD.com links, and that link to FolioHD.com.
Critical Axiom does not have any control over those non-WordPress websites and webpages,
and is not responsible for their contents or their use. By linking to a non-WordPress
website or webpage, Critical Axiom does not represent or imply that it endorses such
website or webpage. You are responsible for taking precautions as necessary to protect
yourself and your computer systems from viruses, worms, Trojan horses, and other
harmful or destructive content. Critical Axiom disclaims any responsibility for any
harm resulting from your use of non-WordPress websites and webpages.
- Copyright Infringement and DMCA Policy. As Critical Axiom asks others
to respect its intellectual property rights, it respects the intellectual property
rights of others. If you believe that material located on or linked to by FolioHD.com
violates your copyright, you are encouraged to notify Critical Axiom in accordance with
Critical Axiom’s Digital Millennium Copyright Act
(“DMCA”) Policy. Critical Axiom will respond to all such notices,
including as required or appropriate by removing the infringing material or disabling
all links to the infringing material. In the case of a visitor who may infringe
or repeatedly infringes the copyrights or other intellectual property rights of
Critical Axiom or others, Critical Axiom may, in its discretion, terminate or deny access
to and use of the Website. In the case of such termination, Critical Axiom will have
no obligation to provide a refund of any amounts previously paid to Critical Axiom.
- Intellectual Property. This Agreement does not transfer from Critical Axiom
to you any Critical Axiom or third party intellectual property, and all right, title
and interest in and to such property will remain (as between the parties) solely
with Critical Axiom. Critical Axiom, FolioHD, FolioHD.com, the FolioHD.com logo, and
all other trademarks, service marks, graphics and logos used in connection with
FolioHD.com, or the Website are trademarks or registered trademarks of Critical Axiom
or Critical Axiom’s licensors. Other trademarks, service marks, graphics and logos used
in connection with the Website may be the trademarks of other third parties. Your
use of the Website grants you no right or license to reproduce or otherwise use
any Critical Axiom or third-party trademarks.
- Changes. Critical Axiom reserves the right, at its sole discretion,
to modify or replace any part of this Agreement. It is your responsibility to check
this Agreement periodically for changes. Your continued use of or access to the
Website following the posting of any changes to this Agreement constitutes acceptance
of those changes. Critical Axiom may also, in the future, offer new services and/or
features through the Website (including, the release of new tools and resources).
Such new features and/or services shall be subject to the terms and conditions of
this Agreement.
- Termination. Critical Axiom may terminate your access to all or any
part of the Website at any time, with or without cause, with or without notice,
effective immediately. If you wish to terminate this Agreement or your FolioHD.com
account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided
“as is”. Critical Axiom and its suppliers and licensors hereby disclaim
all warranties of any kind, express or implied, including, without limitation, the
warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither Critical Axiom nor its suppliers and licensors, makes any warranty that the
Website will be error free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content
or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Critical Axiom,
or its suppliers or licensors, be liable with respect to any subject matter of this
agreement under any contract, negligence, strict liability or other legal or equitable
theory for: (i) any special, incidental or consequential damages; (ii) the cost
of procurement or substitute products or services; (iii) for interruption of use
or loss or corruption of data; or (iv) for any amounts that exceed the fees paid
by you to Critical Axiom under this agreement during the twelve (12) month period prior
to the cause of action. Critical Axiom shall have no liability for any failure or delay
due to matters beyond their reasonable control. The foregoing shall not apply to
the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant
that (i) your use of the Website will be in strict accordance with the Critical Axiom
Privacy Policy, with this Agreement and with all applicable laws and regulations
(including without limitation any local laws or regulations in your country, state,
city, or other governmental area, regarding online conduct and acceptable content,
and including all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside) and (ii) your use of
the Website will not infringe or misappropriate the intellectual property rights
of any third party.
- Indemnification. You agree to indemnify and hold harmless Critical Axiom,
its contractors, and its licensors, and their respective directors, officers, employees
and agents from and against any and all claims and expenses, including attorneys’
fees, arising out of your use of the Website, including but not limited to your
violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement
between Critical Axiom and you concerning the subject matter hereof, and they may only
be modified by a written amendment signed by an authorized executive of Critical Axiom,
or by the posting by Critical Axiom of a revised version. Except to the extent applicable
law, if any, provides otherwise, this Agreement, any access to or use of the Website
will be governed by the laws of the state of California, U.S.A., excluding its conflict
of law provisions, and the proper venue for any disputes arising out of or relating
to any of the same will be the state and federal courts located in San Francisco
County, California. Except for claims for injunctive or equitable relief or claims
regarding intellectual property rights (which may be brought in any competent court
without the posting of a bond), any dispute arising under this Agreement shall be
finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial
Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed
in accordance with such Rules. The arbitration shall take place in San Francisco,
California, in the English language and the arbitral decision may be enforced in
any court. The prevailing party in any action or proceeding to enforce this Agreement
shall be entitled to costs and attorneys’ fees. If any part of this Agreement is
held invalid or unenforceable, that part will be construed to reflect the parties’
original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, will not waive such term or condition or any subsequent
breach thereof. You may assign your rights under this Agreement to any party that
consents to, and agrees to be bound by, its terms and conditions; Critical Axiom may
assign its rights under this Agreement without condition. This Agreement will be
binding upon and will inure to the benefit of the parties, their successors and
permitted assigns.
Last updated: 5/2010
If you have questions about these terms please contact
our support team.