Last updated Sept. 17, 2014.
By using and/or visiting FolioLoupe (“Website”) you agree to all of these terms and conditions. If there are any terms and conditions to which you do not agree, please do not use the Website.
In order to use some features of the Website, you must create an account. When creating your account, you must provide accurate and complete information and are solely responsible for the activity that occurs on your account. You must keep your account password secure. You must notify FolioLoupe immediately if you believe there has been unauthorized use of your account. When you create an account you must not use a false or misleading name or a name that you are not authorized to use. Impersonating another person on FolioLoupe is prohibited.
FolioLoupe incorporates Uploaded Content submitted by registered users (“members”). By uploading and/or sharing any content on the Website, including but not limited to any written, photographic or images (collectively, “Uploaded Content”), you represent and warrant that (a) you are the original author or creator of the Uploaded Content and/or have full copyright, title and interest in and to any Uploaded Content, (b) you have the full power and authority to upload and/or share the Uploaded Content on the Website and to grant the rights granted by these terms and conditions to FolioLoupe, that applies to any Uploaded Content that you upload/share on the Website, which is hereby incorporated by reference, (c) no other consents, authorizations or payments are necessary to permit FolioLoupe full use of the rights granted herein, you will not (d) submit materials which violate any law, or is otherwise inappropriate, (e) impersonate another person, (f) produce spam throughout the Website publicizing a product or event.
We claim no intellectual property rights over the material you provide to the FolioLoupe service. Your profile and materials uploaded remain yours. However, by uploading and/or sharing any Uploaded Content on the Website, you agree to allow others to view your Content, in any and all languages, formats and media. If a Member violates the rules herein, FolioLoupe, may in its sole and reasonable discretion, remove the Uploaded Content submitted by that Member from the Website and/or terminate his/her account without permission to re-join under a separate name. Uploaded Content that is found to violate the terms and conditions herein may be removed without prior notification.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by following this link to your subscription cancellation page.
All of your Content will be immediately marked for deletion from the Service upon cancellation. This information can not be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
FolioLoupe, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other FolioLoupe service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. FolioLoupe reserves the right to refuse service to anyone for any reason at any time.
For monthly payment plans, the 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, downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
FolioLoupe may, at its sole and reasonable discretion, reserve the right to maintain a copy of Uploaded Content after it is marked for deletion by a Member. FolioLoupe will make best efforts, at its sole and reasonable discretion, to remove Uploaded Content marked for deletion in a timely manner. For clarity, FolioLoupe will try to delete Uploaded Content as soon as it is marked for deletion, but cached servers may take additional time to delete files.
You agree not to use or launch any automated system that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; including but not limited to, robots, spiders or offline readers.
THIS SITE IS PROVIDED BY FOLIOLOUPE ON AN “AS IS” BASIS. FOLIOLOUPE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOLIOLOUPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Although FOLIOLOUPE has attempted to provide accurate information on this website, FOLIOLOUPE assumes no responsibility for the accuracy or completeness of the information. FOLIOLOUPE may change the programs or services mentioned on this site at any time without notice, but FOLIOLOUPE makes no commitment to update the programs or services mentioned on this site in any respect.
FOLIOLOUPE WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY FOLIOLOUPE SERVICE OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF FOLIOLOUPE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, FolioLoupe, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. FolioLoupe makes no warranties or representations about the accuracy or completeness of the Website’s Uploaded Content or the Uploaded Content of any third-party Website linked to this Website and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of Uploaded Content on the Website, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or the cessation of transmission to or from our Website (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third-party, and/or (f) any errors or omissions in any Uploaded Content or for any loss or damage of any kind incurred as a result of your use of any Uploaded Content posted, emailed, transmitted, or otherwise made available via the Website. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event shall FolioLoupe, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (a) mistakes, or inaccuracies of the Uploaded Content on the Website, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or the cessation of transmission to or from the Website, (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or (f) any errors or omissions in any Uploaded Content or for any loss or damage of any kind incurred as a result of your use of any Uploaded Content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree to defend, indemnify and hold harmless FolioLoupe, affiliates, subsidiaries, officers and directors, agents, employees and partners, and any parties with whom it may contract to provide its services, from and against any and all claims, actions, suits, costs, liabilities, judgments, obligations, losses, penalties, expenses or damages (including, without limitation, reasonable legal fees and expenses) of whatsoever kind and nature imposed on, incurred by or asserted against FolioLoupe, arising out of any breach or alleged breach by you of any representation, warranty, covenant or obligation pursuant to this Agreement.
The provisions of this Agreement may be waived, altered, amended, modified, or repealed, in whole or in part, only by FolioLoupe. Notice of any amendments and/or modifications shall be posted on the Website at least three days prior to their effective date. In the event that you do not consent to any such amendments and/or modifications, your sole recourse shall be to terminate this Agreement. Modifications/amendments of any portion of this Agreement shall not affect the validity and enforceability of the remaining provisions.
We respect the intellectual property of others. If you believe that your copyrights have been infringed, please follow the procedure set forth in our Digital Millennium Copyright Act Notice Policy , which is expressly incorporated herein by reference and made a part of this Agreement.
By uploading/sharing any Uploaded Content on this Website, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in this Agreement, and to abide by and comply with this Agreement.
You and FolioLoupe are independent contractors and nothing herein shall be deemed to constitute a partnership between, or joint venture of, you and FolioLoupe or constitute either party the agent of the other. You shall not hold yourself out contrary to the terms of this paragraph, and FolioLoupe shall not become liable for any representation, act or omission by you contrary to the provisions of this Agreement.
This Agreement and all questions respecting the negotiation, execution, construction, performance, interpretation, breach or enforcement of this Agreement, or the rights, obligations and liabilities of the parties hereto, shall be governed by the laws of the State of North Carolina. The parties agree that any and all disputes, claims or litigation arising from or related in any way to this Agreement or the parties’ relationship hereunder shall be litigated only in a court of competent jurisdiction located in Wake County, State of North Carolina.