Terms of Service
The www.retinafolio.com website (together, with any related pages, subpages, subdomains and successor sites, the “Website”) and all related services and other features, content or applications) (collectively, the “Services”) are provided by (or on behalf of), RetinaFolio.com.
1. You Acceptance
By visiting and/or using the Website and/or any of the Services, you signify that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service” or “Agreement”). These Terms of Service form a legally binding agreement between you and RetinaFolio in relation to your use of the Services. It is important that you take the time to read them carefully. However, if you are not of legal age to form a binding contract with us, or you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services, then you may not use the Services and may not accept this Agreement. If you have entered into a separate online or written subscription agreement for one or more of our Services (“Subscription Agreement”), then the terms of the Subscription Agreement shall apply with respect to such Services. If there is any contradiction between what the Subscription Agreement say and these Terms of Service, then the Subscription Agreement shall take precedence in relation to the Services listed in the Subscription Agreement. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post changes to these Terms of Service. Your continued use of the Website and/or the Services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, please do not use or access the Website or the Services. It is your responsibility to regularly review these Terms of Service.
2. RetinaFolio’s and Third Parties’ Websites and Services
2.1 These Terms of Service apply to all users of the Website and the Services, including users who are also contributors of user submitted content, information, and other materials or services on the Website and/or the Services.
3. Website and Services Access
3.1 RetinaFolio herby grants you permission to use the Website and the Services as set forth in this Terms of Service, provided that: (a) your use of the Services as permitted is solely for your own use and not for the purposes of resale or redistribution; (b) you will not copy or distribute any part of the Website or the Services in any medium without RetinaFolio’s prior written authorization; (c) you will not alter or modify any part of the Website or the Services other than as may be reasonably necessary to use the Website or the Services for its intended purpose; and (d) you will otherwise comply with the terms and conditions of these Terms of Service.
3.2 In order to access some features of the Website or the Services, you may have to create an account with RetinaFolio and/or enter into a separate commercial relationship with RetinaFolio. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You agree not to use the Website or the Services to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify RetinaFolio immediately of any breach of security or unauthorized use of your account. Although RetinaFolio will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as us if your account is used in violation of these Terms of Service.
3.3 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website. Notwithstanding the foregoing, RetinaFolio grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. RetinaFolio reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation. You agree not to solicit, for commercial purposes, any users of the Website or the Services with respect to their User Submissions (as defined below).
4. Intellectual Property Rights
4.1 The content on the Website and the Services, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to RetinaFolio, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. RetinaFolio reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use of copying of any Content or enforce limitations on use of the Website, the Services or the Content therein.
4.2 RetinaFolio respects the intellectual property of others, and we ask you to do the same. RetinaFolio may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
(a) the electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Website;
(d) your address, telephone number, and email address;
(e) your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Notice of claims of copyright or other intellectual property infringement can be made as follows:
By email: retinafolio @ gmail.com
5. User Submissions
5.1 The Website supports the submission by you and other users of content, which may include videos, text, graphics, pictures, photos, or other communications (collectively, “User Submissions”), and also supports the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, RetinaFolio does not guarantee any confidentiality with respect to any submissions.
5.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize RetinaFolio to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name and likeness of each and every such identifiable individual person included in a User Submission in order to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain your ownership rights in your User Submissions. However, by submitting the User Submissions to RetinaFolio, you hereby grant RetinaFolio a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, sublicenseable and transferable license to use, reproduce, distribute, adapt, prepare derivative works of, translate, publish, publicly display, and publicly perform the User Submissions in connection with the Website and RetinaFolio’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and pursuant to these Terms of Service.
5.3 In connection with User Submissions, you agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant RetinaFolio all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage RetinaFolio or any third-party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, harmful to children, in violation of any third party’s rights or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business; (e) submit or transmit any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; or (f) impersonate another person. RetinaFolio does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and RetinaFolio expressly disclaims any and all liability in connection with User Submissions. RetinaFolio does not permit copyright infringing activities and infringement of intellectual property rights on the Website or the Services, and RetinaFolio will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another’s intellectual property rights. You acknowledge that RetinaFolio and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or remove Content and User Submissions without prior notice. RetinaFolio also reserves the right to terminate a User’s access to the Website and Services, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website and/or the Services more than twice. RetinaFolio also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. RetinaFolio may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
5.4 You understand that when using the Website and/or the Services, you will be exposed to User Submissions from a variety of sources, and that RetinaFolio is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RetinaFolio with respect thereto, and agree to indemnify and hold RetinaFolio, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Limitation of Liability
IN NO EVENT SHALL THEFOLIOAPP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE, THE SERVICES AND/OR CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE AND/OR THE SERVICES; (E), ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE AND/OR THE SERVICES; AND/OR (F) 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND/OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THEFOLIOAPP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7. Compliance with Laws
The Website and the Services are controlled and offered by RetinaFolio from its facilities in the State of Arizona, United States of America. If you use the Website and/or the Services from outside of the United States of America, you acknowledge that you are voluntarily transferring information (potentially including personally-identifiable information) and Content to the United States of America and agree that RetinaFolio’s collection, use, storage and sharing of your information and Content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located. If you use the Website and/or the Services from outside of the United States of America, you acknowledge that you do so at your own volition and are responsible for your compliance with local laws.
You agree to defend, indemnify and hold harmless RetinaFolio, its parent corporation, officers, directors, employees, affiliates, licensors, suppliers and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Website and/or the Services; (b) your violation of any term of these Terms of Service; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website and/or the Services.
THE WEBSITE AND THE SERVICES ARE PROVIDED (AND YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS), “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THEIR OPERATION, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE WEBSITE AND/OR THE SERVICES. IN PARTICULAR, THEFOLIOAPP, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF AS PART OF THE SERVICES WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THEFOLIOAPP AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY ACKNOWLEDGE THAT THEFOLIOAPP SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.1 These Terms of Service constitute the whole legal agreement between you and RetinaFolio and govern your use of the Website and Services (but excluding any services which RetinaFolio may provide to you under a separate written agreement, including without limitation, a Subscription Agreement), and completely replace any prior agreements between you and RetinaFolio in relation to the Services.
10.2 You agree that if RetinaFolio does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which RetinaFolio has the benefit of under any applicable law), this will not be taken to be a formal waiver of RetinaFolio’s rights and that those rights or remedies will still be available to RetinaFolio.
10.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Service are invalid, then that provision will be removed without affecting the rest of the Terms of Service. The remaining provisions of the Terms of Service will continue to be valid and enforceable.
10.4 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
10.5 The Terms of Service, and your relationship with RetinaFolio, shall be governed by the laws of the State of Arizona, USA without regard to its conflict of laws provisions. You and RetinaFolio agree to submit to the exclusive jurisdiction of the courts located within the City of Scottsdale and County of Maricopa, Arizona, USA to resolve any legal matter arising from the Terms of Service and your relationship with RetinaFolio. Notwithstanding this, you agree that RetinaFolio shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.