Portfoliopen ("we", "our" or "us") welcomes you ("you" or "your") to our website, currently located at www.portfoliopen.com (the "Website"). You will find below the terms and conditions which you must accept before (and while) you use the Website and any of the services ("service") offered by the Website.
Our services are paid on a subscription basis. However, you can try our service for free with a limited functionality or for a limited amount of time. Our service is designed to give you as much control and ownership over what goes on your site as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
1. Acceptance of Terms
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Portfoliopen, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
2. Your Account and Portfolio
If you create a portfolio on the Website, you are responsible for maintaining the security of your account and portfolio, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the portfolio. You must not describe or assign keywords to your portfolio in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Portfoliopen may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Portfoliopen liability. You must immediately notify Portfoliopen of any unauthorized uses of your portfolio, your account or any other breaches of security. Portfoliopen will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3. Responsibility of Contributors
If you operate a portfolio, post comments, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your portfolio is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- your portfolio is not named in a manner that misleads your readers into thinking that you are another person or company, for example, URL of your portfolio or its name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Portfoliopen or otherwise.
By submitting Content to Portfoliopen for inclusion on the Website, you grant Portfoliopen a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your portfolio. If you delete Content, Portfoliopen will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Portfoliopen has the right (though not the obligation) to, in Portfoliopen's sole discretion (i) refuse or remove any content that, in Portfoliopen's reasonable opinion, violates any Portfoliopen policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Portfoliopen's sole discretion. Portfoliopen will have no obligation to provide a refund of any amounts previously paid.
4. Payments, Fees, and Renewals
Portfoliopen provide service that is paid on a subscription basis. All payments due are in U.S. dollars unless otherwise indicated. All payments are final and non-refundable, except in Portfoliopen's sole discretion. By selecting any type of the service you agree to pay Portfoliopen the monthly or annual subscription fees indicated for that service. All types of the service are defaulted to renew automatically. The very first payment will be charged only after the initial free trial period specified on the order form at the time of enrollment. You can cancel your use of the service at any time within the trial period with no charge. When the trial period is over, as of the anniversary date of your subscription, payments will be charged and will cover the use of the service for a monthly or annual period as indicated. When you move to another paid plan during the trial period, your account will be charged for the first billing cycle immediately and the trial period is no longer available. A refund of any amounts previously paid is not possible.
You authorize Portfoliopen to bill the payment source you provide for all applicable fees. If the payment source is declined we reserve the right to disable or cancel your use of the service immediately. We reserve the right to charge interest on all of your past due accounts. Interest shall accrue at the highest maximum rate permitted by law from the date such payment was due until fully satisfied.
5. Responsibility of Website Visitors
We have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Portfoliopen does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Portfoliopen disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Portfoliopen.com links, and that link to Portfoliopen.com. Portfoliopen does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Portfoliopen does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. Portfoliopen disclaims any responsibility for any harm resulting from your use of other websites and webpages.
7. Copyright Infringement and DMCA Policy
As Portfoliopen asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Portfoliopen in accordance with the Digital Millennium Copyright Act ("DMCA") Policy. Portfoliopen will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Portfoliopen or others, Portfoliopen may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Portfoliopen will have no obligation to provide a refund of any amounts previously paid to Portfoliopen.
If you believe that content available by means of the Website infringes one or more of your copyrights, please notify us by means of an emailed notice ("Infringement Notice") providing the information described below to the email address listed below. If Portfoliopen takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Portfoliopen.
Contact the Portfoliopen.com user directly with your complaint to see if the matter can be resolved directly between you and the user. If the issue cannot be resolved directly with the user, send your complain to email@example.com as plain text email without attachments (email attachments are discarded) and include the following (or it will be deemed invalid):
- An electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Portfoliopen to find and positively identify that content; for example we require a link to the specific page (not just the site name) that contains the content and a description of which specific portion of the page – an image, a link, the text, etc – your complaint refers to;
- Your name, address, telephone number and email address; and
- A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
If a DMCA notice is valid, we are required by law to respond to it by disabling access to the allegedly infringing content. If you are a Portfoliopen.com user and access to portions of your portfolio have been disabled for this reason, we will notify you. You then have the option to send us a counter-notice stating why your content does not infringe copyrights and asking for access to be reinstated. Counter notices need to be sent to firstname.lastname@example.org as plain text emails without attachments (email attachments are discarded) and include the following or they will be deemed invalid:
- Your name, address, phone number and physical or electronic signature;
- Identification of the allegedly infringing content and its location before disabling access; and
- A statement under penalty of perjury explaining why the content was removed by mistake or misidentification.
8. Intellectual Property
This Agreement does not transfer from Portfoliopen to you any Portfoliopen or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Portfoliopen. Portfoliopen, Portfoliopen.com, the Portfoliopen.com logo, and all other trademarks, service marks, graphics and logos used in connection with Portfoliopen, or the Website are trademarks or registered trademarks of Portfoliopen or Portfoliopen's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Portfoliopen or third-party trademarks.
Portfoliopen reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Portfoliopen may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Portfoliopen may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Portfoliopen.com account (if you have one), you may simply discontinue using the Website. Portfoliopen can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties
The Website is provided "as is". Portfoliopen and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Portfoliopen nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability
In no event will Portfoliopen, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Portfoliopen under this agreement during the twelve (12) month period prior to the cause of action. Portfoliopen shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty
You agree to indemnify and hold harmless Portfoliopen, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Portfoliopen.
This Agreement constitutes the entire agreement between Portfoliopen and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Portfoliopen, or by the posting by Portfoliopen of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Portfoliopen may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.