Please read this Service Agreement ("Agreement") carefully, as it sets out the terms and conditions of your use of the FolioLink® service ("the Service").
This Service Agreement ("Agreement") sets out the terms and conditions of your use of the Service, which is a fee-based subscription system that provides you with access to the FolioLink® website and software to let you create, maintain and host your creative content photography website, artist website, creative professional website ("your Site").
By accessing the Service, you agree to be bound by all the terms and conditions of this Agreement. Throughout this Agreement, "we" and "us" shall mean InfoSource, Inc., d/b/a Kodexio.
Trial accounts (“Trial Accounts”) for the Service are available to new users who have not tried the Service before. All eligible users are strongly encouraged to try a Trial Account first because subscription accounts (“Subscriptions”) are NON-REFUNDABLE after the first 30 days.
If you have signed up for a Trial Account, the term of this Agreement is thirty (30) days from the day you log in to your Trial Account. If you do not use your Trial Account during that period, you must contact us to request an extension or to create a new Trial Account.
If you have signed up for a Subscription or have converted to a Subscription from a Trial Account, the term of this Agreement (“Term”) is twelve (12) months. Two weeks before the end of your Term, you will receive a renewal code that you may use to renew your account for an additional Term. If you do not renew your account by the due date provided, your website will become inaccessible. If you choose to renew after your Term has expired, there may be additional fees to revive your account.
You may terminate this Agreement at any time by notifying us in writing. We can terminate this Agreement and your access to the Service at any time, without prior notice, if you materially breach this Agreement.
At the time of termination, you agree to pay any outstanding amounts for the Services. You also agree that we (or our collection service) may charge your credit card for any fees still owed at the time of termination.
When your account is terminated, we can remove and/or delete all content on your Site without any obligation to return to you any image, data or other information you previously provided.
By signing up for a Subscription, you agree to be billed in advance for the full twelve (12) month Term.
If your payment cannot be processed or is returned for any reason, including insufficient funds, we reserve the right to immediately suspend and/or terminate your access and account, thereby terminating this Agreement and all obligations to provide the Services.
We have the right to change the amount of and/or basis for determining any fees or charges for Services. We can institute new fees and charges effective upon thirty (30) days’ notice to you prior to the commencement of a Renewal Term.
You represent and warrant that you are at least 18 years of age and you agree that all information you are providing to register for the Service is current and accurate.
When uploading materials to the Service (“Materials”) or submitting Materials to us to upload?, you agree that all such Materials shall be in an approved digital format, as identified on the FolioLink website or as instructed by our staff. You acknowledge that we assume all Materials to be duplicates and that you have no recourse if we discard or destroy such Materials.
You agree that you are solely responsible for:
You agree that you will not do any of the following, any of which constitutes Service misuse (“Misuse”) and entitles us to immediately terminate this Agreement and your Service:
Please note that this is a non-exclusive list and that we reserve all rights to take prompt action, including terminating your Service and your Site, if we reasonably conclude that you are engaging in activities that present undue risk to us or our Service.
You consent to receiving electronic communications from us via the email address entered in your “My Account” page on the FolioLink site. You agree to keep your email address there current and to sensure that the foliolink.com domain name is “white listed” (i.e. not blocked as spam) in your email applications. The electronic communications we send you may include notices about applicable fees and charges, transactional information, our newsletter, email announcements and other information related to our Site and Services. These electronic communications are part of your relationship with us and you receive them as part of your subscription to the Site and/or services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You understand and acknowledge and agree that we DO NOT
We reserve the right to show screenshots and post links of any website using the Service for demonstration purposes and in our marketing materials, website and email communications. We will try to notify you ahead of time but we are not required to do so.
From time to time we may make changes to the Service that require that you change some settings in your domain name such as the A record. You agree to make such changes as soon as possible. Requests will be sent by email to the email address you provided in the “My Account” area at the time the account was created and which you agree to update as needed. If we maintain your domain name, we will automatically make these changes for you.
We are not responsible for protecting the images on any Service website from misappropriation or misuse by third parties. You acknowledge that by uploading your images to the Service you are assuming the risk of such misappropriation or misuse.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE INTERNET. KODEXIO MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS REGARDING ANY MERCHANDISE, INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE INTERNET. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY KODEXIO' EMPLOYEES, AGENTS OR CONTRACTORS (INCLUDING WITH RESPECT TO ANY EQUIPMENT OR SOFTWARE THAT MAY BE RECOMMENDED FOR PURCHASE AND/OR USE WITH THE SERVICE) SHALL CREATE A WARRANTY.
Kodexio has no obligation to monitor information in the Service; however, Kodexio may monitor the Service and disclose information gained from such monitoring in order to satisfy any law, regulation or other governmental request, to operate the Service and administer Kodexio' networks, or to protect itself or its other customers.
Kodexio reserves the right to refuse to post or to remove any information or materials, in whole or in part, that in its sole discretion are determined to be unacceptable, undesirable, or in violation of this Agreement.
In no event shall Kodexio be deemed liable for any failure or delay due to any cause beyond Kodexio' control.
Kodexio may delete any and all information associated with customer's trial account. Additionally, Kodexio may delete all information associated with a paid subscription account at the end the account subscription term.
We offer free technical support but there are limitations. One such limitation is that we will only support the person of record for the subscribed account. We cannot talk to other third parties on your behalf.
Should we offer any print or book fulfillment services, we are not responsible for the actions of any third parties providing such services.
We provide no support for third party applications such as adobe Photoshop, color management & profiling or third party search engine optimizers.
UNDER NO CIRCUMSTANCES SHALL KODEXIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTAL DAMAGES THAT RESULT FROM YOUR OR YOUR CUSTOMERS' USE OF OR INABILITY TO ACCESS ANY PART OF THE INTERNET OR YOUR OR YOUR CUSTOMERS' RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED IN CONNECTION WITH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, LOSS, THEFT, DELETION OF FILES, LOSS OR CORRUPTION OF DATA, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, ACTS OF GOD, OR ANY FAILURE OF PERFORMANCE. Kodexio shall not be liable for the loss of or damage to any of your images, text, software or hardware. To the extent that any portion of the Service is outsourced to a third party by the Customer, the terms of the agreement between you and such third party shall govern, and Kodexio shall not be responsible for the performance of such third party, nor shall Kodexio be liable for any damages that result from any act or omission of such third party. If you are dissatisfied with the Service or these Terms and Conditions, your sole remedy is to terminate this Agreement.
At your request Kodexio may register a domain name(s), provided that you represent and warrant to Kodexio that any name you submit to Kodexio for registration and all intellectual property rights therein are owned exclusively by you at the time of the request, or that you have all necessary rights to register such name, and you agree to indemnify Kodexio against all losses incurred by Kodexio as a result of a breach of this warranty. You agree that any domain name Kodexio registers to use as part of your subscription or access to Kodexio's service(s) will be registered using Kodexio as the registrant, administrative, and technical points of contact. This in fact gives Kodexio ownership of the domain name and it allows Kodexio to access the domain records as needed. Kodexio does not see retaining domain names or reselling domain names as a primary business activity. Kodexio regularly transfers domain names to clients who wish to use their domain for another purpose or do not renew their service with Kodexio. However, Kodexio retains the right to retain, transfer, renew or cancel any domain name it manages through its outsourced registrars. Furthermore, Kodexio shall not be responsible for its inability to register, transfer or renew any domain name(s). Clients who wish to transfer their domain to an account they own and manage with their own choice of registrar need to provide that transfer out request in writing at least 21 days before the domain's expiration date to ensure ample time for the transfer process to complete successfully. Unless and until a domain name is transferred to an Kodexio client the domain name shall be considered the property of Kodexio and Kodexio will be the sole recipient of all ICANN regulated notices including expiration and renewal notices.
All software programs in the service developed and operated by Kodexio are the property of Kodexio.
You agree not to remove our copyright text or make it hard to read.
You shall not copy, distribute, license, or resell the FolioLink service, designs, templates, or any web site created with The Service without Kodexio' prior written consent.
You may not use Kodexio' name in trademark, trade names or other proprietary identifying symbols without prior written approval.
Kodexio owns all of the right, title and interest in the FolioLink service, the assets included in FolioLink for building, presenting and delivering content and for creating design and template variations, and all derivative works comprised of those assets, including the FolioLink design and template variations that you create, modify, and capture in screen shots using the FolioLink service. You may use only the assets supplied with the FolioLink service to create template variations that will be used in the FolioLink service. All rights not expressly granted herein, are reserved by Kodexio.
With the exception of your uploaded images, MP3s, original text and/or video files created by you outside of the FolioLink service, in exchange for use of the FolioLink service, and to the extent that your contributions through use of the FolioLink service give rise to any copyright interest, you hereby grant Kodexio an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the FolioLink service and related merchandise, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. This right and license of your contributions granted to Kodexio survives any termination of your subscription to the FolioLink service. To illustrate, and without limiting the statements above, if you create a Template variation or a new Template design and upload it (pursuant to Kodexio' agreement) to the FolioLink service, you acknowledge and agree that any other person can make the same or different Template variation or other assets that you created with the FolioLink service without any compensation or notice to you.
Assignment. Neither this Agreement, nor any of your rights or obligations herein, shall be transferable or assignable by you without Kodexio' prior written consent and any attempted transfer or assignment hereof not in accordance herewith shall be null and void.
Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflicts of law provisions.
Confidentiality. You agree that you are not directly or indirectly working for a competitor of Kodexio using the Service to gain access to designs, code, copyrighted materials or other business intelligence.
Dispute Resolution. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any dispute relating to this Agreement that cannot be resolved by negotiation shall be settled by binding arbitration in accordance with the J.A.M.S./ENDISPUTE Arbitration Rules and Procedures, as amended by this Agreement. The costs of arbitration shall be borne by the prevailing party in the arbitration. Each party shall bear the cost of preparing and presenting its case. The parties agree that the arbitrator's authority to grant relief shall be subject to the United States Arbitration Act, 9 U.S.C. 1-16 et seq. ("USAA"), the provisions of this Agreement, and the ABA-AAA Code of Ethics for Arbitrators in Commercial Disputes. The arbitrator shall have no power to make any award that provides for punitive or exemplary damages. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. The award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings shall be governed by the USAA.
Entire Agreement. This Agreement constitutes the entire agreement between you and us with respect to the Service and can be modified only by Kodexio.
Modifications. Neither the course of conduct between you and us shall modify any provisions of this Agreement. This Agreement may only be modified by a written amendment signed by both you and us.
No Waiver for Breach. Either your or our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Promotional Use. You agree to allow us to link, showcase, and access any non "restricted access" portions of your Site to demonstrate and promote our services.
Severability. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.