Terms of Service
By creating a portfolio or posting a job listing on Foliomo (the "Site"), you accept all of the terms and conditions in these Terms of Service. By using the services on the site, you are agreeing to the following terms and conditions with Trunkt, LLC and the general principles for the website.
This Agreement is effective upon creation of a portfolio or posting of a job listing on Foliomo.
While using the site, you will not post content that violates any laws, third party rights, or our policies; use the site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from membership; interfere with other user's listings; post false, inaccurate, misleading, offensive, defamatory, or libelous content; distribute or post spam; copy, modify, or distribute content from the site.
User Accounts
We reserve the right to terminate the account of any user who is abusing our policies including offensive posting of content, distribution of spam and unprofessional behavior.
We charge a low annual fee for Pro services. Fees and terms are subject to change without notice. You agree that, once a fee for Pro service is charged, it is non-refundable and that refund requests will be reviewed at the sole discretion of Trunkt, LLC.
You understand and agree that once your Pro account expires, it reverts back to a Free account and all conditions associated with a Free account.
Content License
You hereby grant Trunkt, LLC a royalty free, worldwide, transferable, non-exclusive, right and license to use the Content you upload to your portfolio for the purpose of hosting, displaying and publicizing your portfolio on the site. We own no other commercial or non-commercial rights to your images.
Upon removal of your portfolio from the site and removal of your content from your portfolio, Trunkt, LLC no longer maintains these rights.
Liability
We are not responsible for users' actions or inactions, including posted content.
We are not involved in any transactions between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission.
Additionally, you agree that you will not bypass any measures we may use to prevent or restrict access to the Site. You will not publish internal member information on outside websites including forums and blogs. Violation of these rules is grounds for membership termination.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.
You can access and modify only the information you provide us.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to Trunkt, LLC on your profile. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
Resolution of Disputes
This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions.
General
Trunkt, LLC is located at 10 Barclay Street, New York, NY 10007.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective immediately after they are initially posted on the Site. Additionally, we will notify you through the Site's annoucement tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
