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1. ACCEPTANCE OF TERMS
All web-based services ("Services") provided to you by FolioSnap, a service of Applejack Media and Globalcentric, LLC (together herein referred to as We or Us), are provided to you subject to the following terms and conditions of service. Your subscription to any of the Services listed on our website and use of the website indicate that you accept and agree to be bound by these terms and conditions of service.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of our Services, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by our registration form (such information being the "Registration Data"), (b) provide true, accurate, current, and complete information for account payment purposes as prompted by our registration form (such information being the "Billing Data"), and (c) maintain and promptly update the Registration Data and Billing Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend, terminate, or limit access to your account and refuse any and all current or future use of our Services or any portion thereof.
3. SERVICE FEES
As consideration for the Services provided by us, you agree to pay all initial and recurring (renewal) fees with respect to your selected payment option. If you do not pay any initial or recurring fees when due or your credit card charge is not accepted for any reason within three (3) business days after any fee is due, or in the event of any chargeback of any payment at any time, we will have the right to immediately suspend or terminate all Services for which payment was not received, without further notice. You agree that we shall have no liability whatsoever with respect to any such suspension or termination. In the case of renewals, it shall be your responsibility to ensure that your billing information is true, accurate, current, and complete at the time that fees are to be charged in accordance with your selected payment option.
3B. PAST DUE ACCOUNTS
Accounts are in default ("past due") if you do not pay your renewal fees when due or if we are unable to charge your credit card for any reason on your designated renewal date. While in default, your account access will be restricted to prohibit website management activities. However, your website will remain online and fully operational until suspended or terminated in accordance with these Terms of Service.
Accounts that remain in default for more than 30 days will be suspended and assessed a $10 account delinquency fee ("late fee"). While your account is suspended, your website will be taken offline pending re-payment of the outstanding balance. No renewal fees will be assessed while an account is suspended, but a $10 extended delinquency fee will be assessed for each additional 30 days that the account remains in default.
Past due or suspended accounts cannot be terminated or re-activated by you until the outstanding balance is paid in full. Suspended accounts may be terminated by us at any time, and the outstanding balance may be transferred to an attorney or collection agency at our discretion. You agree to pay our reasonable expenses, including attorney, court, and collection agency fees, incurred in enforcing our rights under these Terms of Service.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will select (or have already selected) a unique username and receive a temporary password upon completing the registration process. Your password can and should be updated by you the first time you log in to your account and periodically thereafter. 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 us 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 using the LOGOUT link provided. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. FREE TRIAL ACCOUNT
As a courtesy, we may offer a free trial account of our Services to prospective paying users. Paying users of our Services and users of the free trial account of our Services are equally bound to the terms and conditions set forth in these Terms of Service.
6. 30-DAY SERVICE SATISFACTION GUARANTEE
Our Services are backed by a 30-day money-back guarantee. If for any reason you are dissatisfied with our Services, you are entitled to a full refund of any whole or prorated monthly, quarterly, or annual fees you have paid. In order to receive this refund, you must close your account within the first thirty (30) calendar days of paid activation. After the first thirty (30) calendar days, your service contract is considered month-to-month. Any setup fees charged during this period, including but not limited to new account setup and optional service upgrades, are non-refundable.
7. ACCOUNT CANCELLATION PROCEDURES AND POLICIES
For security reasons, all requests for cancellation of your paid use of our Services must be submitted online using the cancellation form provided in your account interface ("Site Manager"). Cancellation requests submitted by other means, including but not limited to mail, phone, fax, and e-mail, are NOT valid. A minimum of thirty (30) calendar days notice may be required for any request to cancel paid use of Services that are billed on a recurring renewal basis. Minimum notice is not required for cancellation of complimentary services or services that incurred a one-time setup fee. Any refund payments due to you will be returned directly to your credit card within three (3) business days or paid via check by postal mail within ten (10) business days.
We reserve the right to cancel service at any time. If we institute our right of cancellation, all fees paid in advance of the cancellation date will be prorated and refunded to you in accordance with these Terms of Service. Any violation of the Terms of Services which results in additional costs will be billed to you, and you agree to pay such debts in a prompt and reasonable manner.
7B. DISPUTES AND CHARGEBACKS
In the event of a charge dispute, it is important that you communicate with FolioSnap directly before contacting your credit card issuer or bank. You agree not to initiate any payment dispute or chargeback request through your credit card issuer or bank for any reason without first bringing your dispute before FolioSnap. In any case, any chargeback attempted for services provided by FolioSnap will be firmly defended, and a $10 administrative fee will be assessed automatically and without exception. If the chargeback is completed successfully, and if the disputed amount is not determined by FolioSnap to have been charged in error, the entire disputed amount will be re-assessed along with a $25 chargeback fee.
8. LAWFUL PURPOSE
We reserve the right to refuse service to anyone. You may use our Services for lawful purpose only. Transmission of any material in violation of any Federal, State, or Local regulation is strictly prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. We expressly forbid anyone from using our Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including but not limited to pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is entirely at our sole discretion.
9. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post, e-mail, or otherwise transmit via our Services. We do not control the Content posted via our Services and, as such, do not guarantee the accuracy, integrity, or quality of such Content. You understand that by using our Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, 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 our Services.
You agree to not use the Service to upload, post, e-mail or otherwise transmit any Content: (a) that is unlawful, defamatory, obscene, invasive of another's privacy, hateful, or otherwise objectionable; (b) that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); (c) that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; or (d) that interferes with or disrupts our Services or servers or networks connected to our Services
We and our designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that we 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 these Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of our company, our users, and the public.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content that you submit, post to, or transmit through our Services, your use of our Services, your connection to our Services, your violation of the Terms of Service, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of our Services, use of our Services, or access to our Services.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning use of our Services, including without limitation the maximum number of days that user-configured settings or uploaded Content will be retained by our Services, the maximum capacity for user-configured settings or uploaded Content (such as image library capacity, character limits, mailing list quotas, etc.), the maximum number of e-mail messages that may be sent from an account using our Services, the maximum size of any e-mail message that may be sent from an account using our Services, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access our Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by our Services. You further acknowledge that we reserve the right to change these general practices and limits at any time, at our sole discretion, with or without notice.
13. MODIFICATIONS TO SERVICE
We reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services. In the event that our Services are discontinued, you shall be entitled to a full refund for the remaining, unused term of any pre-paid Services.
You agree that we, at our sole discretion, may terminate your password, account (or any part thereof) or use of our Services, and remove and discard any Content within our Services, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. We may also, at our sole discretion and at any time, discontinue providing our Services, or any part thereof, with or without notice. You agree that any termination of your access to our Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Services. Further, you agree that any such termination that results from your violation or negligence of the Terms of Service will result in forfeiture of any fees paid. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Services.
15. OUR PROPRIETARY RIGHTS
You acknowledge and agree that our Services and any necessary software used in connection with our Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Services or our Software, in whole or in part.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM 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.
(b) WE MAKE NO WARRANTY THAT (i) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND 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.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE OUR SERVICES; (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 OUR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, USER-CONFIGURED SETTINGS, OR UPLOADED CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR SERVICES.
18. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations above (particularly within the DISCLAIMER OF WARRANTIES and LIMITATIONS OF LIABILITY) may not apply to you.
18B. GOVERNING LAW AND JURISDICTION FOR DISPUTES
Your rights and obligations and all actions contemplated by this agreement shall be governed by the laws of the United States of America and the State of California, as if this agreement was a contract wholly entered into and wholly performed within the State of California.
Any dispute, claim, or controversy arising in connection with this agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles County, California, before one arbitrator. Any final judgement rendered against a party by said arbitrator shall be conclusive as to the subject of such final judgement and may be enforced in other jurisdictions in any manner provided by law.
The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation or arbitration arising in connection with this agreement in any jurisdiction other than that specified in this agreement. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this agreement.
Service of process on you by us in relation to any dispute arising under this agreement may be served upon you by first class mail to the address provided by you in your Registration Data or by electronically transmitting a true copy of the papers to the e-mail address provided by you in your Registration Data.
19. SPECIAL ADMONITION FOR INFORMATIONAL AND TUTORIAL CONTENT
Our Services may include some informational and tutorial Content intended to demonstrate the general use of our Services or to otherwise maximize or enhance your use of our Services. We shall not be responsible or liable for the accuracy, usefulness, or availability of any such information transmitted via our Services.
20. DISCLAIMER TO USERS OF SPECIAL RESOURCES
We have added (or may add) special resources to our Services in order to help you find as many prominent online retailers as possible. Although we have reviewed each site linked from our website, the sites that are linked to us from merchants are owned and operated by independent retailers, and therefore, we cannot ensure that you will be satisfied with their products, services, or business practices. You are strongly encouraged to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
, foliosnap.com, the FolioSnap logo, the phrase "the portfolio authority", and the phrase "click, click, done." are trademarks and/or servicemarks of Globalcentric, LLC ("Globalcentric Marks"). Without our prior written permission, you agree not to display or use in any manner the Globalcentric Marks.
22. UNSOLICITED BULK E-MAIL
Any user of e-mail or mailing list features included with our Services who sends unsolicited bulk e-mail or advertisements, commercial or otherwise, may have their account suspended or terminated and may be disallowed further service. We have the responsibility and sole discretion to immediately disable any account in order to forestall further abuse or damage to e-mail systems. Should this occur, the user may, at our sole discretion, be notified as soon as reasonably possible. Unsolicited advertisements or solicitations sent from other networks which reference e-mail accounts hosted by us or otherwise belonging to our users shall be treated as if they originated from the account referenced, unless there is sufficient reason given for our operations staff to believe that the message truly originated with some unrelated party. Postings made to the usenet newsgroups or other online forums which reference e-mail accounts hosted by us or otherwise belonging to our users, which are deemed to be inappropriate according to the local ethical standards of that forum, may be treated in the same manner as unsolicited bulk e-mail.
23. REVISION OF TERMS OF SERVICE
We reserve the right to revise the above Terms of Service at any time. Although it is your responsibility to be up to date with regard to changes to the Terms of Service, we will make reasonable efforts to notify you in the event of a significant change.
LAST REVISED DECEMBER 17 2010