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TERMS OF SERVICE
Artifolio.com is a community of online portfolios and journals enabling users to hare thoughts with friends and meet new friends of similar interests. These terms of use constitute a binding agreement between Artifolio and you governing your use of the Service. By using the Service, you agree to be bound by all of the terms and conditions of the Terms of Use, regardless of whether you use the Service to post any of your own materials or to view materials posted by other people. Artifolio reserves the right to modify the Terms of Use at any time. Your continued use of the Service after Artifolio modifies the Terms of Use will mean you agree to the Terms of Use as modified. If you do not agree to any modification, you should stop using the Service immediately. You should return to this page on a regular basis to view any modification to the Terms of Use. NON-COMMERCIAL USEYou are granted a limited, revocable, non-exclusive, non-transferable license to use the Service solely in accordance with the Terms of Use and solely for your own personal, non-commercial purposes. PASSWORDWhen you join the Service, you are asked to choose a password. You are responsible for maintaining the confidentiality of your password. You agree not to disclose your password to any third party except a parent or guardian. You will hold Artifolio harmless for any damage arising from a third party accessing the Service using a password you disclosed. MEMBER CONDUCTArtifolio Terms of Use include the Rules of Member Conduct below. These rules apply to any and all materials, including text, photograph, video and music you post on the Service Content regardless of whether the Content is included in blogs, e-mails, profiles, comments, skins or any other portion or feature of the Service. These rules also apply to any other use you may make of the Service Conduct. Notwithstanding any provision of the Rules of Member Conduct, Artifolio reserves the right not to post or to remove any content from the Service at any time, without notice, for any reason or no reason, in Artifolio's sole discretion. The following is a list of Content and Conduct that violates the Rules of Member Conduct - you may not use the Service to: - upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous,defamatory, vulgar, obscene, libelous, invasive of another・s privacy, hateful, or racially, ethnically, sexually or otherwise objectionable; - harm minors in any way; - solicit personal information from anyone under 18; - impersonate any person or entity, including, but not limited to, an Artifolio official, or falsely state or otherwise misrepresent your affiliation with a person or entity; provide a false birthday or age; - forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; - upload, post, email or otherwise transmit any Content 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 learned or disclosed as part of employment relationships or under nondisclosure agreements); - upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; - upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas (such as classifieds) that are designated for such purpose; - upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; - talk or otherwise harass another; - collect or store personal data about other users; - upload, post, email or otherwise transmit any Content that provides instruction about illegal activities, including illegal drug use, child predation, terrorist activities, instructions in assembling or obtaining bombs or other weapons; - upload, post, email or otherwise transmit any Content that encourages or promotes physical harm against any group or individual. This includes Content that encourages or promotes self-harm; - interfere with or disrupt the Service or the servers or networks used to provide or receive the Service or disobey any requirement, procedure, policies and regulation of any networks used to provide and receive the Service; - intentionally or unintentionally violate any applicable local, state, national, foreign or international laws or regulation, including, any rule or regulation of any securities exchange, such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ, any self-regulatory organization or the U.S. Securities and Exchange Commission. Artifolio has the right to determine whether any Content or Conduct violates the Rules of Member Conduct or the Terms of Use in its sole and absolute discretion. You acknowledge that Artifolio has no responsibility for monitoring, filtering or pre-screening Content, but that Artifolio and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that violates the Terms of Use or is otherwise objectionable. You understand that all Content posted to the Website or otherwise transmitted via the Service is the sole responsibility of the individual who originally posted the Content, and that your sole recourse for any damage you may suffer as a result of such content shall be to such individual. You agree that Artifolio will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service, and you hereby release Artifolio and its officers, directors, shareholders and employees there from. 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. Artifolio reserves the right to preserve and disclose Content posted to or transmitted via the Service if reasonably necessary to: - enforce this Agreement - comply with a legal process - protect the rights, property, or personal safety of any party. Artifolio reserves the right to take appropriate legal action against anyone who uses the Service in violation of the Terms of Use. Whenever Artifolio learns of any use of the Service in violation of or that may be in violation of any applicable law, Artifoilo may report this to law enforcement authorities and otherwise cooperate with such authorities in their investigation. DATA TRANSMISSION SECURITYYou acknowledge that Artifolio has no control of the communications lines used to access the Service because such lines are provided by a third party public utility and, as such, that the security of transmissions to and from the Service is not the responsibility of Artifolio. CONTENT SUBMITTED TO ARTIFOLIO.COM(This section refers to Content that you create) You retain all ownership rights to your Content. Except for its ownership of the collection of all content on Artifolio, as described below, Artifolio does not claim ownership of any Content you publish in your area of the Website in our Artifolio Site. When you publish your Content on the Service, you grant Artifolio a temporary license to broadcast it. We need this license to be able to show your Content to other members and visitors. By publishing Content on Your Artifolio Site you grant Artifolio world-wide, royalty-free, and non-exclusive license to reproduce, modify, distribute, transmit, publicly perform and publicly display the Content (as well as permit others - including without limitation Artifolio co-brand, content and syndication partners - to do the same) solely for the following purposes: - Displaying, distributing and promoting Your Artifolio Site - Promoting and marketing Artifolio products and services and general operation of the Artifolio Service - Promoting and marketing the products and services of Artifolio partners and affiliates - Promoting and marketing products and services related to your Content. This license exists only for as long as the Content remains published on Your Artifolio Site and only for as long you remain an Artifolio member, except that you grant Artifolio a continuing perpetual license and right to maintain a copy of your Artifolio Site and Content for archival purposes. This archival copy is not posted publicly on the Artifolio system; it is maintained solely so that Artifolio may recover content and restore accounts (in case of errors or system failure) or cooperate with law enforcement in order to make the Artifolio service safer. Except for this license for archival use, in the event that you remove the Content from Your Artifolio Site or in the event that your membership is terminated, this license shall expire either immediately or upon termination of any promotional or marketing activities ongoing at the time. COPYRIGHT INFRINGEMENTYou may not post, modify, distribute, or reproduce in any way any copyrighted material, belonging to others without obtaining their prior written consent. Artifolio reserves the right to terminate your use of the Service and remove any infringing Content if you infringe the copyright rights of others. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, it is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. PERSONAL INFORMATIONYou hereby certify to Artifolio that you are at least 13 years old. The Service is intended for people who are at least 13 years old. Children under 13 are not permitted to join the Service or participate in the Artifolio community, and Artifolio will delete Artifolio accounts held by people it learns are under the age of 13. Parents of children under 13 can also delete their child・s site. For purposes of identification, you must provide Artifolio with accurate, complete, and updated information required by the registration to the Service - namely, a valid email address and date of birth. If you choose to purchase any of Artifolio・s pay services (such as Artifolio Premium) or provide information for one of Artifolio・s age verification services, you must provide Artifolio with accurate, complete and updated information (e.g. a credit card number and expiration date). Artifolio may require a copy of a state issued form of identification before making changes to the registration data, age verification status or billing information on a customer・s account. Please see our Privacy Policy, which is incorporated in this Agreement by reference, for further information concerning the personal information collected and received on Artifolio. Please see our Artifolio Safety site for information concerning safer ways to participate on Artifolio and the availability of parental control protections (such as computer hardware, software or filtering services) that may assist parents in limiting access to material that is harmful to minors. LINKSThe Service may include links to other websites or resources. Artifolio has no control over such sites and resources, and is not responsible for the availability of such external sites or resources. Artifolio does not endorse and is not responsible for any content, advertising, products, or other materials on or available from such sites or resources or your use of such sites or resources. INDEMNITYYou agree to indemnify and hold Artifolio, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any loss, damage, claim or demand, including reasonable attorney fees, arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another, whether you are a registered user or not. You are solely responsible for your actions when using the Service, including, but not limited to, costs incurred for Internet access. Artifolio Terms of Service for Your Personal UseWelcome! By using Artifolio・s search engine or other Artifolio services, you agree to be bound by the following terms and conditions (the "Terms of Service"). Content Linked to by ArtifolioThe sites displayed as search results or linked to by Artifolio Services are developed by people over whom Artifolio exercises no control. The search results that appear from Artifolio's indices are indexed by Artifolio's automated machinery and computers, and Artifolio cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using Artifolio Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Artifolio search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Artifolio Services. Personal Use OnlyThe Artifolio Services are made available for your personal, non-commercial use only. You may not use the Artifolio Services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a Google search and reformat and display them, or mirror the Artifolio home page or results pages on your Web site. You may not "meta-search" Artifolio. If you want to make commercial use of the Artifolio Services, you must enter into an agreement with Artifolio to do so in advance. Please contact us for more information. Privacy PolicyClick here to review the Artifolio Privacy Policy We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. Disclaimer of WarrantiesArtifolio disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the ARTIFOLIO SERVICES results. Artifolio disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Artifolio disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the ARTIFOLIO SERVICES.THE ARTIFOLIO SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE ARTIFOLIO SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ARTIFOLIO AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ARTIFOLIO AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ARTIFOLIO SERVICES. ARTIFOLIO AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE ARTIFOLIO SERVICES. ARTIFOLIO AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ARTIFOLIO SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE ARTIFOLIO SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE ARTIFOLIO SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE ARTIFOLIO SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. LIMITATION OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT ARTIFOLIO 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 ARTIFOLIO 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 MESSAGES 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. U.S. GOVERNMENT RESTRICTED RIGHTSThe materials on the Service are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Artifolio proprietary rights in them. APPLICABLE LAWThe laws of the State of New York will govern the Terms of Use, without giving effect to any principles of conflicts of laws. |
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