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CloudFolios Terms & Conditions

1. CloudFolios & You

Your use of CloudFolios' products, software, services and web sites ("Services"), such as allowing, submitting, posting, obtaining, emailing or transmitting information, including text, graphics, pictures, video, links, addresses, data, functionality and other materials ("Content") to the Services, is subject to the terms of a legal agreement between You and CloudFolios as laid in these General Terms (hereafter "Agreement"). Please read the terms in this Agreement carefully before using the Services.

2. Accepting the Terms

By using the Services or by agreeing to this Agreement by any user interface made available to You by CloudFolios, You agree to be bound by the terms and conditions in this Agreement and attest that You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of You under this Agreement. If You do not agree to all the terms and conditions in this Agreement, You may not use the Services.

3. Registration

3.1 You shall provide CloudFolios with accurate, complete, and updated registration information, including Your valid e-mail address.

3.2 You shall be responsible for keeping the confidentiality of Your password, and agree to notify CloudFolios immediately of any actual or suspected loss, theft, or unauthorized use of Your Content or password. You are solely responsible for any use of or action taken under Your password and accepts full responsibility for all such activity.

3.3 You accept that CloudFolios sends You information concerning Your account.

3.4. You accept that CloudFolios sends You newsletter emails. If You do not want to receive the newsletters You can unsubscribe at any time.

4. Accessing the Services

4.1 You agree and acknowledge that the Services that are subject to the terms and conditions herein are solely for Your own use.

4.2 CloudFolios may modify, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Use of the Services by You following such modification constitutes Your acceptance of the terms and conditions in the Agreement as modified.

4.3 CloudFolios will use reasonable efforts to ensure that Services are available at all times. Where it is under CloudFolios' control, CloudFolios will take reasonable steps to minimize disruption of the availability of the Services caused by maintenance, upgrades and repairs or due to failure of telecommunications links and equipment or due to unavailability of third-party services used by CloudFolios.

4.4 CloudFolios will not in any event be liable to You or any other party for any suspension, modification, discontinuance or lack of availability of the Services.

5. Your Rights to Use the Services

5.1 You acknowledge and agree that the Services contain proprietary and confidential information that is CloudFolios property and/or property of CloudFolios' licensors and is protected by law. Subject to the terms and conditions in this Agreement, CloudFolios grants You a non-exclusive, non-transferable and terminable license to use the Services. You understand and agree that rights granted to You are provided on the condition that You do not transfer or sub-license the Services or any part thereof or likewise attempt to discover any source code, modify the Services in any manner or form, or use unauthorized modified versions of the Services.

5.2 You agree not to access the Services by any means other than the interfaces that CloudFolios provides to You.

5.3 You agree that You are responsible for all Content that You allow, submit, post, obtain, email or transmit to the Services. CloudFolios does not guarantee the accuracy, integrity or the usefulness of the Content available via the Services.

5.4 CloudFolios does not control Your Content nor does CloudFolios have any obligation to review, refuse, or remove any Content available via the Services (unless ordered to by non-reviewable decision from a competent court); however, CloudFolios reserves the right to, at its own discretion, remove any Content available via the Services at any time. CloudFolios may remove Your Content due to e.g. violation of this Agreement, abuse of the Services, notification of possible infringement of another's rights, privacy concerns, compliance with laws and in the assistance of law enforcement.

5.5 The Service is limited to transfer of Content up to 100 GB per month. CloudFolios may temporarily disable Your account if You use more than 100 GB/transfer per month. CloudFolios reserves the right to adjust the limitation at any time with 30 days notice to You. You acknowledge that if You downgrade features in the Services, You may lose part of Your Content and agree that CloudFolios will have no liability to You of any kind or nature arising out of or related to loss of Your Content.

5.6 You are responsible to backup the Content that you upload to the Services. CloudFolios can never be held responsible in case Content is damaged or lost.

6. Your Content

6.1 The transfer of Content that You contribute to the Services does not change the ownership of the Content in any way. We believe in the rights of artist and content creators and vigorously defend them. The only rights CloudFolios reserves is the right to use print-screens (screen shots) or screen capture videos of our platform featuring uploaded Content for promotion of the platform through the use of case studies, testimonials, and previews. Such use shall be deemed permitted under this Agreement but does not grant CloudFolios the right to sell, distribute, or otherwise make use of user-uploaded content.

6.2 6.2 Upon termination of Your use of the Services, You recognize and agree that caching of or references to Your Content may not be immediately removed. CloudFolios is in addition allowed to keep a backup copy of Your Content for platform archival purposes and critical backups. This Content is restricted to internal system use only and will not be distributed or sold in any form.

7. Content and Obligations

7.1 CloudFolios reserves the right to modify, suspend or discontinue the Services at anytime without further notice to You.

7.2 CloudFolios may, without previous notice, access, preserve, remove and disclose Your Content if required to do so by law, or if, in CloudFolios' reasonable judgment, such measure is necessary in order to: (a) comply with Your requests for assistance with the Services,

(b) comply with legal process,

(c) address claims from third parties that Your Content violates their rights, or

(d) supervise that no use of the Services to transfer or store threatening, obscene and/or illegal material takes place

7.3 CloudFolios will take reasonable security precautions when transporting or storing data or other communications, but expressly disclaims liability for the accessing of any such data communications by unauthorized persons or entities.

7.4 You agree to provide accurate, current and complete information and to use commercially reasonable efforts to maintain and promptly update the information to keep it accurate, current and complete.

7.5 You agree that CloudFolios has the right to suspend or terminate Your use of the Services or any portion thereof if You provide information that is intentionally inaccurate, not current or incomplete in a material way, or CloudFolios has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete in a material way.

7.6 You authorize CloudFolios to: (a) disclose the password that is used to access Your Content in the Services to those persons to whom You have authorized CloudFolios in writing to disclose to; and

(b) send electronic and other transmissions of any current and future Content to those persons to whom You have authorized CloudFolios in writing to disclose to.

8. Restrictions

8.1 You are responsible for all of Your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Your right to Services.

8.2 Use of the Services to transfer or store threatening or obscene material is expressly prohibited.

9. Domains

9.1 When You enter into this Agreement, CloudFolios may provide You with an internet domain name ("Domain") which belongs to You for the duration of Your use of the Services if you choose to contract CloudFolios for a website.

9.2 If you hold a Domain and wish to use it in connection to the Services, CloudFolios will use reasonable efforts to assist in using that Domain.

9.3 Should applicable fees not be paid by You in time, the Domain will be deregistered. CloudFolios is not responsible for any third party take over of the Domain following deregistration.

9.4 If or when Your use of the Services is terminated CloudFolios will provide You with a transfer key, if requested by You in writing, to enable Your transfer of Your Domain to a new host. Transfer must be initiated at least 45 days before termination of Services.

9.5 Should Your Domain upon deregistration be put in quarantine by the host and You wish to reclaim it, CloudFolios has the right to charge You for its assistance in the matter.

9.6 CloudFolios will not in any event be liable to You or any other party for failure to transfer Your Domain, lost renewal etc. (see article 15).

10. E-mail

10.1 CloudFolios will not provide e-mail accounts as part of the Services. However, CloudFolios will use reasonable efforts to assist in setting up e-mail accounts via third parties or through e-mail forwards.

10.2 Contact forms may be provided as part of the Services. CloudFolios will not in any event be responsible for delivery failure or wrong delivery connected to the contact forms.

11.Payments and Renewals

11.1 All payments due are in US$ unless otherwise indicated.

11.2 After entering into this Agreement You have the right to a 14 days trial period except for the cost for the domain. Thereafter, all payments are final and non-refundable except in CloudFolios' sole discretion.

11.3 All types of the Services are subscriptions defaulted to renew automatically, unless otherwise agreed upon. Accordingly, within 30 days before the anniversary date of Your subscription, You will be charged the current price rate. CloudFolios charges for Your type of subscription to the Services. CloudFolios reserves the right to modify price rates at any time with 30 days notice to You.

11.4 You authorize us to bill the payment source You provide to CloudFolios for all applicable fees.

11.5 If Your payment source is declined at any time (including, but not limited to situations where CloudFolios seeks authorizations or charge attempts), CloudFolios may make up to two attempts to reprocess Your payment source. Thereafter, CloudFolios reserve the right to disable or cancel Your use of Services immediately.

12.Service Termination

12.1 You are free to terminate Your use of the Services at any time.

12.2 CloudFolios may without notice to You terminate Your right to use the Service immediately for, including but not limited to, the following reasons:

{a) breach of this Agreement, including use of the Services in violation of article 8 (Restrictions);

{b) any request by law enforcement, government agencies or court order;

{c) security and technical issues or problems;

{d) lack of payment of any fees owed by You; or

{e) inactivity period longer than two months.

(f) hostile/inappropriate behaviour towards customers or employees.

12.3 After termination of use of Services, CloudFolios has no further obligation to grant access to the Services.

12.4 If Your use of the Service is terminated for any reason, whether by You or by CloudFolios, You will lose and forfeit any time remaining on Your account with CloudFolios.

12.5 You are responsible for the removal of Your Content through the interface provided by CloudFolios upon Service termination. In the event that the Content is not removed, CloudFolios reserves the right to remove said Content at its own discretion.

13.Protecting Certain Personally-Identifying Information

13.1 CloudFolios gathers personally-identifying information. You can refuse to supply personally-identifying information, but it may prevent you from engaging in the Services, in part or in whole.

13.2 CloudFolios stores information that:

(a) you provide us with; and

(b) we gather from your use of the Services.

CloudFolios does not disclose such information other than as described below.

13.3 CloudFolios can disclose such information for the purpose of the functionality of the Services.

13.4 CloudFolios has the right to disclose such information to employees, contractors and affiliates that need to know that information in order to process it on CloudFolios' behalf, and that have agreed not to disclose it to others. Should any of the above entities be located outside of Your home country, You consent to the transfer of such information to them by using the Services.

13.5 CloudFolios reserves the right to disclose potentially personally-identifying and personally-identifying information when required to do so by law, or when disclosure is necessary to protect the property or rights of CloudFolios or any third party.

13.6 CloudFolios may use and/or disclose such information in order to operate, improve and optimize the Services.

14. Indemnification

You agree to indemnify, defend, and hold harmless CloudFolios from any liabilities, damages, and costs, including, but not limited to, attorneys' fees and settlement costs, resulting from claims from third parties:

(a) regarding Your Content;

(b) regarding Your infringement or misappropriation of any patent, copyright, trade secret or trademark of any third party; or

(c) regarding Your use of the Services in violation of the terms and conditions in this Agreement.

15. Disclaimer

The Services are provided on an "as is" and "as available" basis, and Your use of the Services is at Your sole risk. CloudFolios cannot be held responsible for any damage, lost Content, lost renewal etc.

16. Liability

CloudFolios accepts liability only in accordance with the legal provisions for damage caused by a grossly negligent or intentional violation of essential contractual duties.

17. Limitation of liability

CloudFolios shall not be liable to You for any indirect, incidental, consequential, special, punitive or exemplary damages resulting from:

(a) inability to use the Services,

(b) substitute services,

(c) unauthorized access to or alteration of Your Content,

(d) any third party conduct on the Services, or

(e) any other matter relating to the Services.

18. General Information

18.1 This Agreement constitutes the entire agreement between CloudFolios and You and governs Your use of the Services. It replaces and supersedes any prior agreements between CloudFolios and You with respect to the Services.

18.2 Nothing in this Agreement will be construed to constitute either party as a partner, employee or agent of the other party.

18.3 CloudFolios' failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver.

19. Applicable Law and Jurisdiction

The Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA. You agree that all conflicts relating to the Agreement shall exclusively be deferred to the competent district court of the State of Florida, USA.

Last updated on September 23, 2021 to provide clarity concerning the content rights of artists using our platform.


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