foldier Terms of Service

Welcome to foldier.com, an innovative organization and sharing service (the "Service") offered by foldier, com. ("foldier").

By using the Service, you agree to be bound, without limitation or modification, by these terms and conditions of use ("User Agreement"). If you do not wish to be bound by this User Agreement, you must not use and must immediately leave foldier.com. The terms and conditions of use contained in this User Agreement are subject to change by foldier at any time, effective upon posting on the foldier.com website, and your use of foldier.com after such posting will constitute acceptance by you of such changes.

Eligibility to Use Website. You must be at least eighteen (18) years old, or at least the minimum legal age in the jurisdiction in which you are viewing our website, to view and use the foldier.com website.

Representations and Warranties You Make by Using This Website. By using this website, you represent and warrant that you are at least 18 years old or the minimum legal age in your jurisdiction; that you have read, understood, and agree to be bound by this User Agreement; that you have the right, authority, and capacity to enter into this User Agreement and to abide by all of the terms and conditions of this User Agreement; and that you agree to comply with all applicable laws and regulations.

Ownership, Proprietary Information, and Intellectual Property. Except for content provided by users, which is the property of the user, or unless otherwise noted, all other information and materials that appear as part of this Website (including text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles, names, and written and collectively defined as the "Intellectual Property") are the property of foldier, inc. The Website as a whole and all of the Intellectual Property are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions, and the laws of other countries, as applicable. Except for that information which is in the public domain or for which you have been given written permission to use by foldier, inc., you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any Intellectual Property, information, software, or products obtained from or through this Website, in whole or in part.

Except for that information which is in the public domain or for which you have been given written permission to use by foldier, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any foldier IP, information, software, or products obtained from or through this website, in whole or in part.

foldier respects the intellectual property rights of third parties and complies with the terms of the Digital Millennium Copyright Act ("DMCA") regarding such rights. By submitting any materials or photographs through foldier.com, (1) you are granting permission to have this material posted on foldier.com, and (2) you are representing that you are the rightful owner of the submitted material and that no other person or entity may claim rights to such material. foldier reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights foldier may have under law or contract.

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our designated agent, who can be reached as follows: foldier, inc., c/o Leland, Parachini, et al, 199 Fremont, 21st Floor, San Francisco, CA 94105, attn. Matteo G. Daste, Esq.

Personal and Limited Commercial Use; Limitations on Use. foldier.com is for the personal and limited commercial use of those persons looking for the Service. foldier.com may not be used in any other commercial endeavors, unless otherwise agreed in advance in writing by foldier. Individuals, organizations, companies, and/or businesses should not use foldier.com for any purpose other than described in this paragraph.

As noted above, the contents of our Website and the Website as a whole are intended solely for personal use and the limited commercial use described in the preceding paragraph. You are hereby granted a non-exclusive license to use the content of this Website, but only while accessing this Website. You are also hereby granted a limited license to print copies of or download any content posted on this Website, but only for your personal use or for the limited commercial use described above. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as expressly provided above, all rights are reserved by foldier, inc. and you may not reproduce, publish, transmit, distribute, display, perform, modify, adapt, create derivative works from, sell or participate in the sale of, or exploit in any way, in whole or in part, any of the contents, the Website, or any related software.

Use of any of our trademarks as metatags on other websites is also strictly prohibited. You may not display this Website in frames (or any of the Content via in-line links) without our express written permission. You shall not use any automatic or manual device, process, software, program, algorithm, methodology, or routine, including, but not limited to, a robot, spider, site search/retrieval application, or other similar process, to retrieve, index, "data mine," or in any way reproduce, interfere with, or circumvent the navigational structure, presentation, or operation of the Service, its contents, or the Website as a whole.

Illegal and/or unauthorized uses of foldier.com, including, but not limited to, collecting usernames and/or email addresses of members for the purpose of sending unsolicited email and unauthorized framing of or linking to foldier.com may be investigated. and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress.

Third-Party Websites. As part of our Service, foldier.com contains links (“Links”) to websites operated by persons or entities other than us (“Third-Party Websites”). foldier does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the legality, usability, accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. A Link from foldier.com to a Third-Party Website does not imply sponsorship, affiliation, or endorsement of the content on that Third-Party Website or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content at any Third-Party Websites to which you might link from our Website. If you believe we have provided a Link to a site that contains infringing or illegal content, we ask that you notify us so that we may evaluate whether in our sole discretion to disable it.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD-PARTY WEBSITE.

Use of Premium Services. foldier.com offers access to various services that are provided by third parties and and for which foldier.com may charge the users of those services (“Premium Services”). In addition to these terms and conditions, use of Premium Services is subjected to and governed by the terms and conditions applicable to such Premium Services by the providers thereof.

Amazon S3. Through foldier.com, users can seamlessly enjoy the data storage services of Amazon S3. In order to access the Amazon S3 Premium Service through foldier.com, users must register and open an account with foldier.com, selecting storage and payment options.

By registering for the Amazon S3 Premium Service, each user agrees to comply with all additional terms and conditions applicable to such service, including but not limited to payment of any and all charges and data storage services fees applicable to that service, and for compliance with the Amazon Web Services Customer User Agreement, which you can access by clicking here. Each user shall hold foldier harmless and shall indemnify foldier from any and all liability for unpaid charges or unpaid data storage relating to the data storage services of Amazon S3 for that user. Each user agrees that in no event foldier shall be held responsible for any loss or data or downtime or other interruption in service, whether or not caused by foldier, and further agrees to irrevocably waive any claims against foldier arising out of or relating to any such loss of data or the Amazon S3 service in general.

foldier offers various level of services through the Amazon S3 Premium Service. Users may cancel their accounts at any time within a billing cycle. (A billing cycle may be equal to a calendar month or a caledar year). Billing is processed at the beginning of each billing cycle. Users will receive a notification of billing after signing up for the service and each period thereafter. Users who wish to terminate the Amazon S3 Premium Service will be charged the regular period fee for any portion of a billing cycle in which the account was active. No refunds for partial use are allowed. Accounts for which payment is overdue will be automatically terminated after the end of the billing cycle for which a payment is overdue. All data in a terminated account will be erased immediately after termination, and foldier shall not be responsible for any data loss. It is the sole responsibility of an user to ensure that data are transferred prior to termination or cancellation of service.

Use of Website for Communications. You shall not use foldier.com for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by the terms and conditions of this User Agreement. You agree not to post or store on our site any software, information, data, databases, music, audio, video, or audio-visual files, photographs, images, documents, text, digital files, or other material ("Material") which violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights, or (to the extent protectable) confidential ideas.

YOU SHALL BE SOLELY LIABLE FOR ANY AND ALL DAMAGES OR HARM ARISING FROM YOUR USE OF OUR WEBSITE, YOU AGREE TO HOLD FOLDIER HARMLESS AND INDEMNIFY FOLDIER TO THE FULLEST EXTENT PERMITTED BY LAW AGAINST ANY DAMAGES, LOSSES AND LIABILITY FROM ANY THIRD PARTY CLAIMS CONCERNING INTELLECTUAL PROPERTY INFRINGEMENT.

You agree that we and our affiliates do not, and shall not be considered to, endorse, review, screen, or approve any electronic communications. We have no obligation to screen communications or information in advance and we are not responsible for screening information submitted or shared in any way by users. Notwithstanding the preceding limitations, we reserve the right, and you expressly agree that we have the right, for any reason whatsoever or for no reason, to remove without limitation, information, content, or any other material, from postings and/or communications in and/or through foldier.com. Under no circumstances may we be held liable for removing, disabling, or restricting access to or availability of any Material or other content.

Any and all material, information or ideas that you upload, publish, distribute, post, or disseminate on or through foldier.com by any means will be treated as non-confidential and non-proprietary, and you hereby grant us and our affiliates an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to reproduce, adopt, distribute, or publicly display all or any portion of such material for any purpose whatsoever, including providing such material, information, or ideas as content.

Prohibited Use. You may not use the Service for any purpose that is unlawful or prohibited by this User Agreement. Your access to foldier.com may be terminated immediately, at our sole discretion, with or without notice, for any reason, including your misuse of the Service, your failure to comply with any provision of this User Agreement, or your unlawful conduct, or for no reason.

The following merely is a partial, representative list of the type of actions that you may not engage in with respect to the Service:

• You will not impersonate any person or entity.
• You will not post any false, erroneous, or incorrect information on foldier.com.
• You will not express or imply that any statements made by you are endorsed by foldier, inc. without our specific prior written consent.
• You will not interfere with or disrupt the Service, foldier.com, or the servers or networks connected to the Services or foldier.com by any means, including "flooding," "spamming," "mailbombing," or "crashing."

Disclaimer of Warranties. YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK.

ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. FOLDIER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FOLDIER. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. FOLDIER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. FOLDIER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

FOLDIER IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OF SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES, OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THIS USER AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

Limitations on Liability. In no event shall foldier, its affiliates, distributors, suppliers, licensors, independent contractors, subcontractors, agents, or others involved in creating, sponsoring, promoting, or otherwise making available foldier.com and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) damages from your inability to use, unauthorized use of, performance or non-performance of foldier.com; (iii) damages from unauthorized access to or tampering with your personal information or transmissions; (iv) damages from the provision or failure to provide any service; (v) damages from errors or inaccuracies contained on foldier.com or any information, software, products, services, and related graphics obtained through foldier.com; (vi) damages resulting from any transactions, User Agreements, or relationships entered into through foldier.com; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of foldier.com . The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if foldier has been advised of the possibility of damages.

By using foldier.com, you release foldier its agents, employees, managers, and affiliates from any and all claims, demands, and damages, known or unknown, arising from or in any way connected with disputes with other users of foldier.com. If you are a California resident, you hereby waives Civil Code section 1542, which states, "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Privacy Policy. Use of foldier.com and the Service is also governed by our Privacy Policy, which is incorporated herein by reference.

Indemnification. You agree to indemnify, defend, and hold harmless foldier, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this User Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of foldier.com and/or software. foldier reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with foldier in asserting any available defenses.

Changes to This Agreement. foldier reserves the right, in its sole discretion, to modify, alter, or otherwise change this User Agreement at any time. Please review this User Agreement periodically for changes. Your continued use of foldier.com constitutes your acceptance and User Agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of foldier.com to which the changes may apply.

Modification/Termination of Website. foldier. reserves the right, in its sole discretion, to modify, suspend, or terminate the Service, foldier.com and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you.
In the event of termination, you will still be bound by your obligations under this User Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, foldier shall not be liable to you or any third-party for any termination of your access.

International Use/United States Export Controls. . foldier.com is governed by and operated in accordance with the laws of United States of America and the State of California and is intended for enjoyment of residents of the United States. foldier makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge that this site is subject to U.S. law, consent to the transfer of personal data to the United States, and waive any claims that may arise under their own national laws.
Accessing materials on this Website by certain persons in certain countries may not be lawful, and foldier makes no representation that materials on foldier.com are appropriate or available for use in locations outside the United States. If you choose to access foldier.com from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. The United States controls the export of any software downloadable from foldier.com . No software or any other materials associated with this Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the United States Treasury Department list of Specially Designated Nationals and Blocked Persons or the United States Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from foldier.com , you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

General Legal Provisions. This User Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this User Agreement will be governed by the laws of the United States of America and the State of California, including California rules concerning conflicts and choice of law, as if this User Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of San Francisco, California, USA, in all disputes arising out of or relating to the use of foldier.com . Use of foldier.com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this User Agreement, the prevailing party in such action shall be entitled to recover attorneys’ fees.

Headings used in this User Agreement are for the convenience of the parties and convey no substantive meaning to this User Agreement.

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this User Agreement or use of foldier.com .

If any provision in this User Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Our performance of this User Agreement is subject to existing laws and legal process, and nothing contained in this User Agreement is in derogation of our right to comply with law enforcement requests or requirements.

All rights not expressly granted herein are hereby reserved.

This User Agreement is the entire and final User Agreement regarding foldier.com and its content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to foldier.com . A printed version of this User Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Effective Date: October 21, 2007