foldier

foldier Terms of Service and Copyright Policy

Welcome to foldier, an innovative organization, sharing and content publishing service offered by foldier, inc. ("foldier," "we," "us," or "our").

By accessing this website, you (the "User", or "you") represent and warrant that you have read, understood, and agree (1) to be bound by the following Terms & Conditions ("Agreement") which also set forth your conditions of use as a registered user of our foldier sPress content publishing service ("Service") at www.foldier.com; (2) that you have the right, authority, and capacity to abide by this Agreement; and (3) that you agree to comply with all applicable laws and regulations concerning your access and use of the website.

Access and Use of Website

Registering with foldier.com

In order to use our Service, you are required to register as a User of foldier.com by setting up a foldier account, where you can collect, organize, publish and share your content.

In order to register as a User, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. If you register as a foldier User, you will receive an account and you will be allowed to manage and publish your content content, post ratings and commentaries. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. You will be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. foldier is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account at any time.

If you violate this Agreement, we may, at our sole discretion, terminate your account, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that we believe is appropriate.

Ownership, Proprietary Information, and Intellectual Property.

foldier Intellectual Property

Except for content provided by users and linked to or from an external source, all other information and materials that appear as part of this website (including text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles, and names and collectively, ("Intellectual Property") are the property of foldier, inc.

The website as a whole and all of the Intellectual Property are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions, and the laws of other countries, as applicable. Except for that information which is in the public domain or for which you have been given written permission to use by foldier, inc., you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any Intellectual Property, information, software, or products obtained from or through this website, in whole or in part.

Except for that information which is in the public domain or for which you have been given written permission to use or publish, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any Intellectual Property, information, software, or products obtained from or through this website, in whole or in part.

Linked content

Third party content that is linked to or from foldier.com or that is published by users belongs to such third parties or users, as applicable.

foldier respects the intellectual property rights of third parties and complies with the terms of the Digital Millennium Copyright Act ("DMCA") regarding such rights. By submitting any materials or photographs through foldier.com, (1) you are granting permission to have this material posted on foldier.com, and (2) you are representing that you are the rightful owner of the submitted material and that no other person or entity may claim rights to such material. foldier reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights foldier may have under law or contract.

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our designated agent, who can be reached as follows: foldier, inc., c/o Leland, Parachini, et al, 199 Fremont, 21st Floor, San Francisco, CA 94105, attn. Matteo G. Daste, Esq.

User Comments

Comments that you provide with regard to content published by users of foldier ("Reviews") on foldier.com shall be owned exclusively and in perpetuity by foldier. Such exclusive ownership means that foldier and its affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted Reviews. We are under no obligation to give credit or pay any consideration to you for your Reviews.

Limited License; Personal, Business, and Non-Commercial Use Limitation.

You are hereby granted a non-exclusive license to view the content on the website, but only while accessing the website. Except to the extent required for the limited purpose of reviewing material on the website, electronic reproduction, adaptation, distribution, performance, or display is prohibited. Commercial use by you of any of the content for profit is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited.

You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the website.

Permission to use the Service terminates automatically if you breach any of the terms and conditions of this Agreement.

You agree that you are only authorized to visit, view, and retain a copy of pages of the website for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on the website for any commercial use, or for any purpose other than as described in this Agreement. You also agree not to deep-link to the website for any purpose, unless specifically authorized by foldier.

You also agree that you will abide by our Terms and Conditions [hyper link to the page], which are incorporated by reference herein.

Third Party Services

From time to time, foldier uses services provided by persons or entities other than us ("Third-Parties"). We do not control these services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of such services. If you choose to access any Third-Parties site, you do so at your own risk. Any link from our website to a Third-Party website does not imply sponsorship, affiliation, or endorsement of the content on that Third-Party website or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content at any Third-Party websites to which you might link from our website, or which may download or connect with through our website. If you believe we have provided a link to a site that contains infringing or illegal content or services, we ask that you notify us so that we may evaluate whether in our sole discretion to disable it.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD-PARTY WEBSITE.

Use of Premium Services. foldier.com may offer access to various services that are provided by third parties and for which foldier.com may charge the users of those services ("Premium Services"). In addition to these terms and conditions, use of Premium Services is subjected to and governed by the terms and conditions applicable to such Premium Services by the providers thereof.

Amazon S3. Through foldier.com, users can seamlessly enjoy the data storage services of Amazon S3. In order to access the Amazon S3 Premium Service through foldier.com, users must register and open an account with foldier.com, selecting storage and payment options.

By registering for the Amazon S3 Premium Service, each user agrees to comply with all additional terms and conditions applicable to such service, including but not limited to payment of any and all charges and data storage services fees applicable to that service, and for compliance with the Amazon Web Services Customer Agreement, which you can access by clicking here. Each user shall hold foldier harmless and shall indemnify foldier from any and all liability for unpaid charges or unpaid data storage relating to the data storage services of Amazon S3 for that user. Each user agrees that in no event foldier shall be held responsible for any loss or data or downtime or other interruption in service, whether or not caused by foldier, and further agrees to irrevocably waive any claims against foldier arising out of or relating to any such loss of data or the Amazon S3 service in general.

foldier offers various level of services through the Amazon S3 Premium Service. Users may cancel their accounts at any time within a billing cycle. (A billing cycle may be equal to a calendar month or a caledar year). Billing is processed at the beginning of each billing cycle. Users will receive a notification of billing after signing up for the service and each period thereafter. Users who wish to terminate the Amazon S3 Premium Service will be charged the regular period fee for any portion of a billing cycle in which the account was active. No refunds for partial use are allowed. Accounts for which payment is overdue will be automatically terminated after the end of the billing cycle for which a payment is overdue. All data in a terminated account will be erased immediately after termination, and foldier shall not be responsible for any data loss. It is the sole responsibility of an user to ensure that data are transferred prior to termination or cancellation of service.

Unauthorized Use of the Website

You shall not use foldier.com for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement. You agree not to post or store on our site any software, information, data, databases, music, audio, video, or audio-visual files, photographs, images, documents, text, digital files, or other material ("Material") which violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights, or (to the extent protectable) confidential ideas. Illegal and/or unauthorized uses of the website, including, but not limited to, unauthorized framing of or linking to the website or unauthorized use of any robot, spider, or other automated device on the website, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Posting Content or Linking Sources to Our Website

foldier reserves the right, but not the obligation, to refuse to post or to remove any User generated content or a linked source if it contains or features any of the following unacceptable content:

  1. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech (e.g., racist/discriminatory speech);
  2. References to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., food poisoning, foreign objects in food, etc.);
  3. Messages commenting on other users;
  4. Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
  5. Content that are advertising or are commercial in nature, or that are inappropriate based on the applicable subject matter;
  6. Language that violates the standards of good taste or the standards of this website, as determined by foldier in its sole discretion.
  7. Content determined by foldier to be illegal, or to violate any federal, state, or local law or regulation, or the rights of any other person or entity;
  8. Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures;
  9. Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data, or personal information.

Reporting

If you see objectionable content or have any questions about this Agreement, please contact foldier at support@foldier.com.

Offline Conduct

Although foldier cannot monitor the conduct of its users off the website, it is a violation of this Agreement to use any information obtained from our website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.

Violation of the Terms

You agree that monetary damages may not provide a sufficient remedy to foldier for violations of the terms of this Agreement, and you consent to injunctive or other equitable relief for such violations.

DISCLAIMERS AND LIMITATIONS

  1. Disclaimer. THE FOLDIER WEBSITE CONTAINS, FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. FOLDIER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURED, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 FROM FOLDIER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
  2. Limitations. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FOLDIER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. No arbitration or other claim under this Agreement may be brought by either party against the other more than one (1) year after the cause of action arises. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason of any event beyond its reasonable control, including any act of God, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications.
  3. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOLDIER 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 FOLDIER 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 MESSAGE 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.

Indemnity

You agree to indemnify, defend, and hold harmless foldier, its agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of the website and/or software. foldier reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with foldier in asserting any available defenses.

Disputes

If there is any dispute about or involving the website or the Service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City and County of San Francisco. The prevailing party shall be entitled to reasonable attorney's fees.

Changes to this Agreement

foldier reserves the right, in its sole discretion, to modify, suspend, or terminate this Agreement, the Service and the website and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you. Please review this Agreement periodically for changes. Your continued use of this website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of the Service.

Modification/Termination of website

In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, foldier shall not be liable to you or any third-party for any termination of your access.

General Legal Provisions

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, including California rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of San Francisco, California, USA, in all disputes arising out of or relating to the use of our Service. Use of our Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys' fees.

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of our Service.

If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.

All rights not expressly granted herein are hereby reserved.

This Agreement is the entire and final Agreement regarding our Service, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to such Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Effective Date: November 16, 2008
Last Update: November 16, 2008

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