Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
2. Content and Copyright Ownership
- We do not and will not claim intellectual property rights over the material you provide to the service. Your profile, photos and all materials uploaded remain yours.
- Pullfolio.com reserves the right (but not the obligation) to refuse or remove any content that is available via the service.
- You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Pullfolio.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via Pullfolio.com. Pullfolio.com does not control the Content posted and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Pullfolio.com, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Pullfolio.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Pullfolio.com.
- You agree to not use Pullfolio.com to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Pullfolio.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- You acknowledge that Pullfolio.com may or may not pre-screen Content, but that Pullfolio.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via Pullfolio.com. Without limiting the foregoing, Pullfolio.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. 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. In this regard, you acknowledge that you may not rely on any Content created by, hosted at, or submitted to Pullfolio.com.
3. Payment & Refunds
- A PayPal account is required for paying accounts. When you initially sign up for a Pullfolio.com account, you will be billed immediately upon registration for the one-time set-up fee and the first month of service. Your recurring billing cycle will begin on that date and you will be billed monthly for as long as you choose to subscribe to the service.
- Our service is billed in advance, on a monthly basis, and is non-refundable. There will be no refunds or credits for partial months of service or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. If you choose to switch designs after you have become a Pullfolio.com user, you may do so at any time. The recurring, monthly subscription fee for Pullfolio.com will remain the same.
4. Cancellation and Termination
- You are solely responsible for properly canceling your subscription. You can cancel your subscription at any time by clicking cancel link at the bottom of the Your Account page.
- You account will be immediately downgraded to the Free plan upon cancellation.
- If you cancel the subscription before the end of your current paid-up month, your cancellation will take effect immediately and you will not be charged again the following month.
- Pullfolio.com reserves the right to terminate your account for any violations of this TOS or any applicable law.
5. Modifications to the Service and Prices
- Pullfolio.com reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.
- Pullfolio.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
THE MATERIALS ON PULLFOLIO.COM'S WEB SITE ARE PROVIDED "AS IS". PULLFOLIO.COM MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, PULLFOLIO.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
You agree to indemnify and hold Pullfolio.com and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through Pullfolio.com, your use of Pullfolio.com, your connection to the Pullfolio.com, your violation of the TOS, or your violation of any rights of another.
IN NO EVENT SHALL PULLFOLIO.COM OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON PULLFOLIO.COM'S INTERNET SITE, EVEN IF PULLFOLIO.COM OR A PULLFOLIO.COM AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
9. Revisions and Errata
The materials appearing on Pullfolio.com's web site could include technical, typographical, or photographic errors. Pullfolio.com does not warrant that any of the materials on its web site are accurate, complete, or current. Pullfolio.com may make changes to the materials contained on its web site at any time without notice. Pullfolio.com does not, however, make any commitment to update the materials.
Pullfolio.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Pullfolio.com of the site. Use of any such linked web site is at the user's own risk.
12. Governing Law
Any claim relating to Pullfolio.com's web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
Entire Agreement. The TOS constitutes the entire agreement between you and Pullfolio.com and governs your use of Pullfolio.com, superseding any prior version of this TOS between you and Pullfolio.com with respect to the Pullfolio.com Services.
Waiver and Severability of Terms. The failure of Pullfolio.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.