Terms & Conditions

Cory von Wallenstein and Jessica von Wallenstein, the owners and operators of byfolio.com ("Website"), and their affiliates (collectively "ByFolio") provide their portfolio hosting and related services (the "Services") to you subject to the following conditions. If you visit, create an account, or purchase advertising at byfolio.com, you accept these terms and conditions ("Agreement").

ByFolio reserves the right to modify this agreement at any time. You can access this agreement any time at http://www.byfolio.com/terms-and-conditions.html. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Agreement.

ByFolio provides its portfolio hosting services on a per click basis. By creating an account and creating portfolios on ByFolio, you agree to pay all charges to your account in accordance with number of clicks on each portfolio, the bid per click set on each folio at the time of the click, and the billing terms in effect when payment is due. From time to time, ByFolio may make introductory offers to allow you to try the portfolio service without charge for a certain dollar value of clicks. If you create an account and portfolios pursuant to such an offer, you agree to be automatically charged for your clicks once your initial trial balance expires, unless you terminate your account prior to your initial trial balance reaching zero. ByFolio may change the Services it offers at any time.

If we are unable to process payment, your folios and/or account will be disabled and/or terminated.

ByFolio may terminate your account or your access to and use of the Services, with or without cause at any time and effective immediately, at ByFolio's sole discretion, for any reason, including but not limited to your failure to conform the Agreement. If you violate this Agreement, ByFolio, in its sole discretion, may also elect to require you to remedy any violation of this Agreement, and/or take any other actions that ByFolio deems appropriate to enforce its rights and pursue all available remedies. In the event we have to collect unpaid amounts owed to ByFolio on your account, you will be liable for all attorneys' and collection agency fees.

You understand and agree that ByFolio stores and processes information on computers located in the United States, and by providing any data to ByFolio, you consent to the transfer of such information to the United States.

You consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All content included on this site, such as text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and software, is the property of ByFolio, or its subscribers who upload photographs or other media, or its content and software suppliers and is protected by United States and international copyright laws. ByFolio's selection, coordination and arrangement of all content on this site is the exclusive property of ByFolio, and is protected as a compilation by U.S. and international copyright laws. All software used on this site or in conjunction with the Services is the property of ByFolio and is protected by United States and international copyright laws.

If you subscribe to ByFolio's portfolio service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You further agree to immediately notify ByFolio of any unauthorized use of your account or any other breach of security known to you.

ByFolio uses industry standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information collected by the ByFolio website in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing our site.

ByFolio does not claim ownership in the media created or uploaded to portfolios ("Media"). ByFolio will not resell Media to third parties. Unless we indicate otherwise, if you upload any Media to the ByFolio site, you grant ByFolio a nonexclusive, royalty-free right to publish, distribute and display the Media as we deem appropriate in providing the Services authorized or requested by you, including the right to use the name that is submitted in connection with such Media. You further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of Media, account information, and folio information indefinitely.

You represent and warrant that you own or otherwise control all of the rights to the Media that you post; that use of the Media you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify ByFolio for all claims resulting from Media you supply. ByFolio has the right but not the obligation to monitor and edit or remove any activity, account information, portfolio information, or Media. You understand and agree that ByFolio takes no responsibility and assumes no liability for any Media posted by you or any third party.

ByFolio respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Byfolio for notice of claims of copyright or other intellectual property infringement at support@byfolio.com. Please provide the following info:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the ByFolio site that you claim is infringing, with enough detail so that we may locate it on the website;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.

We will forward this information to the alleged infringer.

To the fullest extent permitted by law, BYFOLIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. To the fullest extent permitted by law, ByFolio disclaims all guarantees regarding rankings, levels, quality, or timing of: (i) costs per click; (ii) portfolio click rates; (iii) availability and delivery of any portfolio views; (iv) clicks; (v) conversions or other results for any clicks. Customer's exclusive remedy, and ByFolio's exclusive liability, for suspected invalid portfolio clicks is for Customer to make a claim for a refund in the form of click credits for ByFolio within 30 days of billing for suspected clicks. Any refunds for suspected invalid impressions or clicks are within ByFolio's sole discretion. TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO CUSTOMER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO BYFOLIO BY CUSTOMER FOR THE PORTFOLIO GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation to acts of God, government, terrorism, natural disaster, labor conditions and power failures.

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