FLIPFOLIO MEMBERSHIP AGREEMENT:
Last updated 1/20/10
Most important points: FlipFolio reserve rights to delete members or uploaded images, FlipFolio is not responsible for any corrupted files or virus that member might experience while on website, FlipFolio is not responsible for contact information that member publishes on webiste. FlipFolio reserves the right to change the website (fees, content, contracts) at anytime.
1. GENERAL TERMS
FlipFolio provides its service to you, the member, subject to the following Terms of Service ("TOS"), which may be updated by FlipFolio from time to time. By using FlipFolio, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service.
2. GENERAL SERVICES
FlipFolio provides a portfolio publishing service. You understand and agree that you may receive certain communications from FlipFolio, such as service announcements and administrative messages, and that these communications are considered part of the FlipFolio membership. You will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance FlipFolio shall be subject to the TOS. You understand and agree that FlipFolio provides its services on an as is basis, and that FlipFolio assumes no responsibility for the timeliness, deletion, delivery issues, or failure to store any user communications or personalization settings.
You are responsible for obtaining access to FlipFolio, and that access may involve third party fees (such as internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access FlipFolio.
3. ARTISTS REGISTRATION OBLIGATIONS
4. FlipFolio PRIVACY POLICY
Registration Data and certain other information about you is subject to the FlipFolio Privacy Policy. For more information, see full FlipFolio privacy policy at http://www.artistsupandcoming.com/privacy-policy.php
5. PASSWORD, MEMBER ACCOUNT AND SECURITY
You will create a password when completing the FlipFolio registration process. Your username will be your e-mail address. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify FlipFolio 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.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (known as "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not FlipFolio, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. FlipFolio does not control the Content posted via FlipFolio and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will FlipFolio be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via FlipFolio. FlipFolio retains the right to disapprove of any art or images that may be offensive or pornographic. You will be notified with an email if your art is removed from the FlipFolio website (see below for more details).
You agree NOT to use FlipFolio:
- To upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- To harm minors in any way;
- To impersonate any person or entity, including, but not limited to, a FlipFolio employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- To forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through FlipFolio
- To upload, post, email, transmit or otherwise make available any Content that is prohibited by any law, rule or regulation or that you do not have the right to make available under any law , rule or regulation including any contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- To upload, post, email, transmit or otherwise make available any Content that infringes on any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
- To upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt FlipFolio or servers or networks connected to FlipFolio, or disobey any requirements, procedures, policies or regulations of networks connected to FlipFolio;
- To violate intentionally or unintentionally any applicable local, state, national or international law, including any regulations having the force of law; or stalk or otherwise harass another.
You acknowledge that FlipFolio may pre-screen Content, and that FlipFolio and its designees shall have the right (but not the obligation), in their sole discretion, to refuse or to remove any Content that is posted by you on FlipFolio. Without limiting the foregoing, FlipFolio and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content by third parties, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by FlipFolio or submitted to FlipFolio.
You acknowledge and agree that FlipFolio 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 the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FlipFolio, its users and the public.
You understand that the technical processing and transmission of FlipFolio, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
10. RESOLUTION OF DISPUTE
If a dispute arises between you and FlipFolio, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Before resorting to these alternatives, artists and FlipFolio agree to attempt to settle disagreement first though mandatory mediation.
11. PRIVACY OF YOUR INFORMATION
FlipFolio aims to retain the privacy of artists and will not give away any personal information a member has submitted with their profile. FlipFolio members have the option to publish contact information on website. However, we may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other Content violates the rights of others, or protect anyone's rights, property, or safety.
We may also share your personal information with:
- Members of our corporate family to help detect and prevent potentially illegal acts and provide joint services (Our corporate affiliates will market only to users who request these services)
- Service providers under contract who help with our business operations (Such as fraud investigations, bill collection, affiliate and rewards programs and co-branded credit cards)
- Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity (In such events we will disclose name, city, state, telephone number, email address, User ID history, fraud complaints, and bidding and listing history)
- Other business entities, should we plan to merge with or be acquired by that business entity (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information; if your personal information will be used contrary to this policy, you will receive prior notice)
8. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that FlipFolio may establish general practices and limits concerning use of FlipFolio, including without limitation the maximum number of days that uploaded Content will be retained by FlipFolio, the maximum disk space that will be allotted on the FlipFolio servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access FlipFolio in a given period of time. You agree that FlipFolio has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted to us. You acknowledge that FlipFolio reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FlipFolio reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Our current policy allows members to upload unlimited amount of portfolio data at a time.
9. MODIFICATIONS TO SERVICE
FlioFolio reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, FlipFolio (or any part thereof). You agree that FlipFolio shall not be liable to you or to any third party for any modification, suspension or discontinuance of FlipFolio.
10. LINKS
FlipFolio may provide, or third parties may provide, links to other internet sites or resources. Because FlipFolio has no control over such sites and resources, you acknowledge and agree that FlipFolio is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FlipFolio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF FLIPFOLIO IS AT YOUR SOLE RISK. FLIPFOLIO IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLIPFOLIO EXPRESSLY DISCLAIMS 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.
FLIPFOLIO MAKES NO WARRANTY THAT (i) FLIPFOLIO WILL MEET YOUR REQUIREMENTS, (ii) FLIPFOLIO WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF FLIPFOLIO WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH FLIPFOLIO WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FLIPFOLIO IS DONE AT YOUR OWN DISCRETION AND RISK. 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM FLIPFOLIO SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLIPFOLIO 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 FLIPFOLIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE FLIPFOLIO; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON FLIPFOLIO; OR (v) ANY OTHER MATTER RELATING TO FLIPFOLIO.
13. NOTICE
Notices to you may be made via either email or regular mail. FlipFolio may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on FlipFolio.
22. TRADEMARK INFORMATION
FlipFolio and the FlipFolio Logo and Brand are trademarks of FlipFolio, LLC. Without prior permission from FlipFolio, you agree not to display or use the FlipFolio trademarks in any manner.
25. VIOLATIONS
Please report any violations of the TOS to Natalie@FlipFolio.com