Terms of Service

Our company (“FolioTwist LLC”, “Foliotwist.com”, “We” or “Us”) maintains and provides access to unique content management systems for artists (“Artist Websites”) as part of our online services (“Services”) which allow registered users (“You” or “Users”) to effectively display, promote, and sell artwork over the internet.

General

Foliotwist.com cannot guarantee that use of our Services will be uninterrupted or free from errors. We are not responsible for any inconvenience or loss of revenue or artwork that results from such interruptions.

As part of our Services, we will provide links in our artist directory at http://foliotwist.com/artist-directory/ pointing to all Artist Websites managed by Website PRO members in good standing. In addition to a link, each PRO member will be represented by an image they have uploaded using our Services.

Users may not use their Artist Website or any of Foliotwist.com’s other Services to violate or infringe on another individual’s rights, or any applicable laws.

Acceptance of terms

In order to use our Services we require that you read and accept these terms. If you do not accept these terms, you are not authorized to participate in any of the Services we provide. The use of any Services upon signing up indicates an acceptance of these terms, guidelines, and policies as posted here and in our Privacy Policy.

User generated content

All User generated content (“Content”) including, but not limited to, images of artwork, blog posts or links displayed online through our Services is the sole responsibility of the User. Foliotwist.com is in no way responsible for our User’s Content, nor do we endorse any Content generated by our Users.

Amendments to these Terms

We reserve the right to modify, add, or delete portions of these terms without giving our Users notice by posting the revised terms to our website. Please regularly check these terms, as your continued use of our Services constitutes an agreement on your part.

Requirements for Participation

Our Services are only available to those individuals or entities that are able to form legally binding contracts. Neither minors nor those previously suspended from the use of our Services may participate. If you are a minor, you may in our Services ONLY under the direct supervision of a parent or legal guardian. By registering as a business entity, you are verifying that you have the authority to bind that entity to these Terms of Service.

Registration

To register for our Services you must sign up at http://www.foliotwist.com/sign-up/. Upon receiving a notification email, you will officially become a registered User of our Services. Foliotwist.com reserves the right to disapprove, suspend, or terminate any User’s access to our Services at any time and for any reason at its sole discretion. You are not permitted to transfer your registration to another individual. Registered Users may cancel their account by going to the billing info page located in the My Account tab of the Artist Website administration panel.

Login and password

You are solely responsible for the use and confidentiality of the login information you select. If this information becomes compromised in any way, you must immediately alert us by email at support@foliotwist.com.

Use of our Services

Our Services allow registered Users to create and maintain an online presence on the domain name of their choice. Specific uses of our Services may include, but are not limited to: 1) displaying images of artwork 2) negotiating the sale of said artwork 3) creating blog posts or other written content 4) moderating comments left on said blog posts by third parties 5) linking to third party websites 6) displaying personal information.

All Content displayed through our Services is public, and therefore Foliotwist.com is not responsible for any losses or expenses incurred through accidental disclosure of sensitive Content.

Fees

The use of our Services, apart from our Totally Free option, requires a recurring fee (“Subscription”) as specified on our website: http://foliotwist.com/. We do not charge for the sale of artwork, although third party payment processors may charge a fee for each transaction that occurs. Visit www.paypal.com for details about their fees.

All other assistance that Foliotwist LLC provides for its Users such as, but not limited to, image editing, image color-correction, image uploading, writing and editing services, or site customization will be handled on a case-by-case basis, and may be subject to additional fees.

To cancel a Subscription, log in to the administration area of your Artist Website and navigate to the billing info page located under the My Account tab. Cancellation of your Subscription must occur before the end of your current payment cycle or you may be charged for the next full payment cycle as well.

Copyright

All of FolioTwist LLC’s content, software and images (“Service Materials”) as well as our Services are protected under applicable copyright and other proprietary rights. Copying or reproducing our Service Materials is strictly forbidden without our express permission.

All User generated Content is also protected by applicable copyright laws and may not be copied or reproduced without express permission of the User. Foliotwist LLC will not use, transfer, store, or reproduce any Content created by our Users except for the purposes of fulfilling the Services set forth in this document.

Due to the nature of our Services, it is possible for Users to generate Content that is in violation of copyright without our knowledge. If we become aware of copyright violations, we reserve the right to terminate access to the accounts of the offending Users or delete the portion of the User’s Content that is in violation. FolioTwist LLC shall not be held responsible for any violations of copyright.

Limitations

The use of our services does not allow you to engage in any unlawful or morally objectionable activities. We reserve the right to terminate your account if we become aware of any activities which include, but are not limited to: 1) sending unsolicited email or spam 2) defamation, abuse, threats, or slander of third parties 3) activities prohibited by the laws of the United States or the country in which you live 4) activities designed to encourage unlawful behavior 5) child pornography 6) activities which are related to hate crimes, terrorism, obscenity, vulgarity, racist behavior, the invasion of privacy, or any other objectionable behavior 7) activities designed to harm minors or 8) activities designed to impersonate third parties.

YOU ARE RESPONSIBLE FOR ENSURING THAT THE ARTIST WEBSITE YOU MAINTAIN CONFORMS TO ALL LOCAL, STATE, AND NATIONWIDE LAWS PERTAINING TO THE CREATION OF ONLINE WEBSITES AS WELL AS ADHERING TO THESE TERMS OF SERVICE.

FOLIOTWIST LLC RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO OUR SERVICES AT ANY TIME AND FOR ANY REASON, AND MAY DO SO WITHOUT WARNING IF YOUR CONTENT VIOLATES APPLICABLE LAWS OR OBSCENITY GUIDELINES AS SET FORTH IN THE PARAGRAPH ABOVE.

Selling your artwork

All artwork sales are to be handled by the User through integrated third party services such as PayPal, or by other means initiated by the User. All sales resulting through the use of PayPal must must adhere to PayPal’s privacy policy and terms of use, and any disputes arising from the service should be directed to PayPal. Foliotwist.com is not responsible or liable for any damages resulting from the use of PayPal or any fraudulent transactions.

Taxes

For sales tax purposes, each User is the sole owner of their artwork. The User is fully responsible for filing any applicable sales tax resulting in the sale of artwork and agrees to indemnify Foliotwist against any tax, costs, or expenses related to the failure of the User to satisfy sales tax laws.

Delivery

Delivery of artwork is the sole responsibility of the User, through the policies set forth by PayPal. Foliotwist.com is not responsible for any costs, fees, or expenses resulting from shipping artwork or the improper use of PayPal.

Returns

The return of artwork is dictated solely by PayPal’s return policies. Any disputes must be handled through Paypal’s dispute resolution channels.

Hosting and Domains

If you are a paying member, Foliotwist will register one domain of your choice at signup (except when you are already the owner of a domain you wish to use) and will provide hosting for your Artist Website under that domain for as long as you are a registered User. We reserve the right to terminate your hosting service at any time at our sole discretion. Upon termination of our Services we will transfer your domain into your ownership.

Arbitration

Any dispute, controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by binding arbitration in accordance with the commercial rules of the American Arbitration Association (“AAA”). The Arbitration shall be before a single Arbitrator and the Arbitration shall take place in Boise, ID. If not mutually agreed upon, the Arbirtrator shall be selected according to AAA rules from a list, prepared by the AAA, of persons having expertise in the subject matter. The award shall be in writing and in accordance with applicable law. Judgment upon the award may be entered in any court having jurisdiction thereof. This provision is self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.

Disclaimer

We provide our Services “as is,” without warrant or guarantee of any kind. FolioTwist LLC is not responsible for any loss of business or revenue or consequential damages resulting in any errors or interruptions in our service. You agree to indemnify and hold harmless FolioTwist LLC from any and all claims, liabilities, losses, costs, damages, expenses, including consultants’ and attorney’s fees and court costs, demands, causes of action, or judgments directly or indirectly resulting from the use of FolioTwist’s Services.

Provisions

  1. Only registered Users are eligible to participate in our Services.
  2. When we provide links to third party sites, we are in no way endorsing or representing anything in connection with these sites. We are not liable for any damages that should arise from the use of such sites.
  3. We may at any times monitor the Content generated by its Users and edit or delete portions of that Content when it violates these terms.
  4. These terms constitute a legally binding agreement by you and FolioTwist LLC until terminated by you or by FolioTwist LLC, which we may do at any time at our sole discretion.
  5. These Terms of Service are governed by the state of Idaho.
  6. In the event that any provision of these Serms of Service shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms of Service unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
  7. These Terms of Service constitute the entire agreement between you and FolioTwist LLC and supersede all prior agreements between the parties. All provisions regarding warranties, indemnification, disclaimers, or limitation of liabilities shall survive a termination of these Terms of Service.

Foliotwist.com is owned and operated by FolioTwist LLC. To contact us via email or postal mail, use the following information.

Via Email:
info@foliotwist.com

Via Web:
http://www.foliotwist.com/contact

Via Postal Mail:
FolioTwist LLC
2849 S. Palmatier Way
Boise, ID 83716

Last Revision Date: November 18th, 2015