General Terms and Conditions FOLIODROP.com
IF YOU DO NOT ACCEPT OR UNDERTAKE ON COMPLYING WITH THESE TERMS AND THE DATA PROTECTION POLICY, YOU ARE NEITHER ALLOWED TO USE THIS WEBSITE NOR THE APP NOR THE SERVICES PROVIDED BY THE WEBSITE OR THE APP.
The user agrees to all terms and conditions by using or accessing the Services. If the user does NOT accept the agreement, he may NOT use the services provided.
The services are to be retrieved under the following conditions:
1. Scope of Application of the Terms
These General Terms and Conditions (hereinafter called “terms”) contain the legally binding terms for using the services provided by “FOLIODROP UG” respectively FOLIODROP.com UG i.Gr., Thedestr.108, 22767 Hamburg. (email:firstname.lastname@example.org) trading under FOLIODROP.com (hereinafter called “FOLIODROP.com”).
Occasional updates of the terms will be applied by FOLIODROP.com without prior notice to the user (hereinafter called “user”). The current version of the terms is available under http://www.FOLIODROP.com and replaces the previous versions. The user already explicitly agrees to the application of the current version of the terms.
The user can use the services as “visitor” (browsing website or app) or as “member” (registered at FOLIODROP.com with account). By using the services as a visitor the user accepts the legal binding to the terms. After successful registration as a member the additional terms for members apply.
2. Services provided by FOLIODROP.com
FOLIODROP.com provides software and personal Web-Publishing-Services, which enable its users to create and design Online-Portfolios of professional quality, fill these with contents as information, pictures, projects etc., as well as to admin and publish the Online-Portfolio.
At the moment the website FOLIODROP.com is under development. The user explicitly accepts that the service might contain software bugs and other disorders or might not function as intended or declared. Because of that FOLIODROP.com will update content, functionality and interfaces of the service from time to time. Provided that not differently stated, all new features which lead to changes, additions or improvements become part of the terms.
The services provided by FOLIODROP contain the personal Web-Publishing-Services of FOLIODROP, the FOLIODROP website and possibly an FOLIODROP app for an app compatible mobile end device as well as other functions, contents or services which FOLIODROP provides from time to time associated with the website or the app.
If a user reaches more than 100 GB/transfer per month, FOLIODROP.com is authorized to temporarily deactivate the user’s account. Due to downgrading the account (eg. from FOLIODROP Pro to FOLIODROP Free) parts of the account’s contents may get lost. FOLIODROP.com is not liable for any losses.
3. The user’s authorization and registration
By using the services of FOLIODROP.com or by registering the user declares and assures, that (a) all information required for registration given by the user is true and correct; (b) the correctness of this information will be maintained; (c) the user reached the age of majority or is at least fourteen (14) years old and uses FOLIODROP.com only under the supervision and with the consent of a parent or legal guardian. Persons under the of eighteen (18) explicitly promise, that their income and other money used for the participation on FOLIODROP.com, is given for their free disposal. The continued use of the services of FOLIODROP.com after reaching the age of eighteen (18) will be understood as consent to all prior declarations and actions the minor has made. This does not apply if the user revokes his consent explicit and in written form within two (2) weeks counting from the date; and (d) his/her use of the services is not against the applicable law or regulations. If there are reasonable grounds to consider the user being under the age of fourteen (14), the user’s account may be deleted without preliminary warning.
In order to register the user must enter his/her name, address, profession and e-mail address as well as choose a username and a password. Further the user must enter the name of the website which shall run under FOLIODROP (eg. myname.FOLIODROP.com). After sending the registration form the user will receive a welcome e-mail containing the confirmation link which the user will need to click in order to confirm his/her identity and finish the registration.
Everyone registering as a member needs to choose a user name and a password. It is the user alone who takes responsibility for the secrecy of user name and/or password. The user undertakes never to use another member’s account, user name and/or password of another. The user agrees to inform FOLIODROP.com immediately after the suspicion of a unauthorized use of his/her account or of an unauthorized access arises. The user takes full and sole responsibility for the whole use of his/her account.
The users are obliged to provide a complete and correct imprint on their portfolio website according to the statutory obligations of §§ 5 – 6 TMG. Otherwise the user takes full and sole responsibility for any juristic steps taken by third parties. It is prohibited to copy or imitate any marks or functions of FOLIODROP.com.
The user agrees that the services of FOLIODROP.com contain proprietary and confidential information which is property of FOLIODROP.com and /or its licensor and legally protected. Subject to the terms FOLIODROP.com grants to its users a non-exclusive, non-transferrable license for using the services of FOLIODROP.com. This license can be terminated. The user accepts the grant of rights under the condition that the user may neither copy, modify, create derivative works, reverse engineer, disassemble, reverse compile, publicly display, publicly sell and lease or transfer the services of FOLIODROP.com nor discover or change the source code. If a user registers on foliodrop.com or gains unauthorized access in order to use services of FOLIODROP.com as not authorized modified versions, including the use for the purpose of building similar or comparable products, the user is obliged to pay FOLIODROP.com a contractual penalty in the amount of 1.000.000 Euro. The user agrees not to access the services by any other way but by the interfaces provided by FOLIODROP.com. Sublicensing or disseminating the services of FOLIODROP.com is prohibited.
The user may terminate using the services of FOLIODROP.com at any time but has to pay FOLIODROP.com the for the accounting period agreed remuneration. The user is solely responsible for terminating the account before the start of the next accounting period. FOLIODROP.com is entitled to instantly terminate the user’s membership account in specific circumstances without prior announcements, especially in terms of
Infringements of terms by the user
Inquiries on the user by law enforcement authority, governmental authority or court orders
Safety problems and/or technical problems
Non-payment of the owed fees by the user
The user’s inactivity for a longer period of time
After the termination FOLIODROP.com is no longer obliged to grant access or use of services of FOLIODROP.com.
4. Remuneration for the services provided by FOLIODROP.com
All payment shall be made in Euros, if not differently stated. FOLIODROP.com accepts PayPal means of payment. All payments are final and not eligible.
The user may choose from the following subscriptions of services provided by FOLIODROP.com: (1) annually, (2) quarterly, (3) biannually, (4) monthly. All types of subscriptions are automatically renewed by default.
The user confirms that FOLIODROP.com reserves the right to charge further remunerations for the services of FOLIODROP.com as well as to change the remunerations from time to time at its own discretion by announcements on the website or in the app. By using the services provided by FOLIODROP.com the user is held liable for the payments of all valid remunerations legally agreed upon. The user pays FOLIODROP.com the remunerations announced on the website or in the app.
The user further authorizes FOLIODROP.com to invoice the incurring remunerations. If a collect payment is rejected FOLIODROP.com will take two (2) additional attempts of collecting. After that FOLIODROP.com reserves the right to deactivate the membership account or to instantly terminate the membership.
5. Period of terms
This agreement stays entirely effective while the user is a member or uses the services provided by FOLIODROP.com. The user may delete his/her account or end his/her membership at any time without giving reasons. Anyway the member is obliged to pay FOLIODROP.com the remunerations when due. FOLIODROP.com may end the membership at any time without giving reasons with effect beginning with sending a message to the user’s current address given in the user’s account profile. After a termination of membership this agreement stays valid. The user agrees that a termination results in the deletion of his/her profile information in the live-database of FOLIODROP.com as well as the deletion of any content uploaded on the website of FOLIODROP.com or its app under the use of the user’s account. FOLIODROP.com cannot be made liable in any way for terminating the user’s account or the thereto connected deletion of the information or contents.
6. Electronic communication
For every communication via e-mail all legal formal requirements on the concerned way of communication are considered observed. The communication between the user and FOLIODROP.com takes places in electronic means. For contractual purposes the user agrees (a) to receive messages from FOLIODROP.com via e-mail, (b) that all General Terms and Conditions, agreements, messages, disclosures and other messages, which FOLIODROP.com electronically addresses to the user, meet all legal requirements as if they were given in writing. Legal rights are not affected by the above.
7. Access to the services provided by FOLIODROP.com
FOLIODROP.com reserves the right to change, suspend and/or discontinue certain services including the availability of functions, of the database and/or the contents.
FOLIODROP.com will undertake all appropriate efforts to make sure that the services are available 24 hours a day, 7 days a week. Anyway FOLIODROP.com reserves the right to interrupt the website and/or the services in case of maintenance, upgrades and repair or in case of a communication system or device breakdown. FOLIODROP.com will take all reasonable steps to minimize those kind of disturbances as far as practically possible.
FOLIODROP.com search function is a free service provided to customers so their uploaded images and accordingly their portfolios and websites can be found by non registered third parties. Creatives all over the world, can search and find uploaded contents. By using FOLIODROP.com you accept that your images and your contents will be indexed by FOLIODROP.com search and displayed along with your name and website in the results overview of the particular profession category that you selected during your registration. Subsequently you hereby agree, that your images, your contents and your website can be searched and found on FOLIODROP.com by anyone who uses the search function on FOLIODROP.com and also can be shared on social networks by third parties. You also agree that third parities can be notified by e-mail every time you upload new content to your website created with FOLIODROP.com.
FOLIODROP.com reserved the right select or exclude certain contents or entire users from it's search in order to assure only high quality, relevant search results and promote only best work of it's customers in it's search. FOLIODROP.com can not be forced to index and display in the search images, albums or certain users by third parities. FOLIODROP.com reserved the full right to decide which contents will be indexed by it's search mechanism.
The user agrees not to make FOLIODROP.com liable for any interruption, change, suspension or lack of availability of the website and/or the services of FOLIODROP.com.
8. The user’s contents (grant of rights and prohibited content)
“Content” means texts, files, pattern templates, pictures, photos, videos, sounds, other possibly copyrighted works and other material.
The user, not FOLIODROP.com, is responsible for the contents. FOLIODROP.com does not control any contents and does not have any obligations to control, reject or to remove the contents. However FOLIODROP.com reserves the right to remove contents at any time.
The user declares and assures, that he is the owner of the contents and/or that he/she is authorized to grant the licenses stated below for the contents, he/she makes available or posts on FOLIODROP.com. The user further declares and assures that his/her contents do not infringe personal rights, publicity rights, copyrights or any other rights belonging to a natural or legal person. The user will hold FOLIODROP.com harmless from any claims concerning these rights, including costs of legal defense.
The user grants FOLIODROP.com the right to produce during the terms of contract a new design, layout or a new structure of any kind by using the user’s contents. The user further grants FOLIODROP.com the non-exclusive, worldwide, non-chargeable and non-transferrable right of using and copying the contents for promotional purposes. Upon termination of the membership and the use of the services FOLIODROP.com will take all reasonable efforts to instantaneously delete the contents from the website and to stop using them. However cachings or references to the user’s contents might not be instantaneously deleted.
By uploading pictures the user especially grants FOLIODROP.com and associated services the right to use parts or screenshots, webcasts and videos on the website and social media including shown pictures for its self-promotion and other marketing purposes such as newsletters or presentations especially on FOLIODROP.com.
The user agrees not to post or submit any prohibited contents or to provide these in any other way to the services of FOLIODROP.com. “Prohibited contents” means every content which (1) is insulting or encourages racism, fanaticism, hate or physical harm of any kind against a group or a person; (2) harasses or intimidates another person or encourages stalking, harassment or intimidation of another person; (3) contains the transmission of junk mail, chain letters, unsolicited mas mail or spamming; (4) is incorrect or misleading or encourages, approves or supports illegal activities or an insulting, threatening, obscene, defamatory or scurrilous behavior; (5) encourages, reproduces, runs or spreads an illegal or unpermitted copy of another person’s work which is copyrighted or subject to the protection of professional secrecy, eg. by providing pirate-copied computer programs or links leading to those programs, by providing information for bypassing the manufacture-installed copy-protect devices or by providing pirate-copied music or links leading to pirate-copied music files; (6) is participating in exploiting or abusing minors in sexual or violent means; (7) provides instructions on illegal activities such as production or purchase of illegal weapons, infringement of a person’s privacy or providing or producing computer viruses or any other malware; (8) intercepts passwords or personal identification data from other users for commercial or illegal purposes; (9) contains viruses, Trojans, worms, time bombs, cancelbots, corrupted files or similar software; (10) infringes against applicable law, inter alia including laws and regulations, which regulate export controls, unfair competition, the principle of prohibition of discrimination and misleading advertising; (11) contains commercial activities which harm the interests of FOLIODROP.com, or (12) in any other way infringes this contract or make or might make FOLIODROP.com liable. FOLIODROP.com reserves the right to reject the publication of a content which FOLIODROP.com at its own discretion determines prohibited. The user shall indemnify FOLIODROP.com and its associated companies and worker against any claims, losses, liabilities and expenditures (including arising reasonable attorney’s fees, process and defense costs) which are caused due to or in connection with the infringement of this section.
9. Limitation of liability
The following limitations of liability apply to all services provided by FOLIODROP.com:
FOLIODROP.com is fully liable for intentional misconduct and gross negligence as well as for damages caused by injury of life, body or health.
Regarding slight negligence FOLIODROP.com is only liable for infringements of essential contractual obligations (cardinal obligations). The term “cardinal obligation” in that agreement refers to obligations, which need to be fulfilled in order to execute the agreement and thus the agreement partner may generally trust in the fulfillment.
According to this section FOLIODROP.com is under no circumstances liable for absent economic success, loss of profits or indirect damages.
The liability according to the aforementioned terms is limited to typical, predictable damages. Typical, predictable damages are limited to the amounts which the user has paid FOLIODROP.com in the last six (6) month before the claim arose.
Concerning free services FOLIODROP.com is only liable for intentional misconduct and gross negligence.
10. Protection of specific personal identifiable information
FOLIODROP.com only collects user information as far necessary or appropriate to reach the purpose of the services provided by FOLIODROP.com. FOLIODROP.com only transmits specific personal identifiable information only to those employees, contractors and associated organizations who have to know the content of the information in order to work on behalf of FOLIODROP.com and/or provide services on the website of FOLIODROP.com and who undertake not to pass the information on to third parties. Nevertheless FOLIODROP.com will expose information when obliged by law or appropriate legal basis and/or if essential for claiming the own position of rights.
Cookies: FOLIODROP.com is allowed to use small text files, called “cookies”, in order to improve the services provided by FOLIODROP.com. A “cookie” is a file on the user’s hard disk which stores information about the user. By using cookies each user can be generally personally identified. By visiting the website of FOLIODROP.com the information (date, time, visited pages) may be stored. This data is not part of personal data, but exists in an anonymous form. This data is exclusively used for statistical purpose. There is no disclosure to third parties, neither for commercial nor for non-commercial purposes. FOLIODROP.com explicitly states that data interchange through internet (eg. communication via e-mail) takes place unencrypted for lack of missing commonly accepted and used standards.
The user may prevent the cookie installation with a corresponding setting of the browser software which might lead to problems using the whole functionality of FOLIODROP.com. By using this website of FOLIODROP.com the user agrees with the editing of the acquired data by Google for the aforementioned purpose.
11. Applicable law and jurisdiction
These terms are regulated by German law without being effected by collision norms which possibly provide using law of a different legal system. In case the user is not a consumer or has no orderly court of jurisdiction in Germany, then the court of jurisdiction for all disputes occurring due to or in connection with this agreement is Hamburg.
Foliodrop UG (haftungsbeschränkt)
Hamburg HRB 124507
Tax ID DE284815336
Grosse Elbstrasse 277A
22767 Hamburg, Germany