Terms of Service - Updated January 3, 2019
Certain areas of the Site and your access to certain services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY UPLOADING A WORK OF ART ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company, person, or other legal entity, you represent and warrant that you have the authority to bind that company, person, or other legal entity to these Terms, and in such event, "you" and "your" will refer and apply to that company, person, or other legal entity.
1. Description of Service
FOLYOZ is providing Members with access to Services and the many features on the Site. Each Member must provide (1) all equipment necessary for his or her own Internet connection and (2) provide for Member’s access to the Internet, and (3) pay any fees related to such connection.
2. Disclaimer of Warranties
The Site, www.folyoz.com is provided on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, FOLYOZ makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. FOLYOZ shall have no liability for any interruptions in the use of the Site. FOLYOZ disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.
FOLYOZ reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
5. Account Registration
In order to upload artwork on the Site or to review portfolios through the Site, you must first create an account ("Account") by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username or provide an email and a password. Upon completion of our registration process you will become a "Member." You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. FOLYOZ reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be false, inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. And, you will immediately notify FOLYOZ of any unauthorized use of your Account.
7. Artist Terms & Conditions
Uploading Works on the Site
As a Member, you may post portfolio listings for original works of art ("Original Works of Art") that you have created and that you desire to promote through the Site and Services. You may not submit portfolio listings for Original Works of Art that were created by another artist without their explicit and written consent, see our Copyright Policy at https://www.folyoz.com/privacy for more information. In order for your portfolio to be accepted, you must first provide FOLYOZ with all the information requested on the portfolio and profile settings in your account section of the Site and you must comply with any other FOLYOZ requirements as identified on such pages. Your portfolio listings must be accurate and complete and comply with FOLYOZ's portfolio listings content guidelines found in the artist’s account Help section page. FOLYOZ reserves the right to edit or remove any portfolio listings to ensure that they comply with these guidelines. You acknowledge that your portfolio listings may not be immediately searchable by keyword or category, and it may take several hours or longer to appear in search results. The placement of your portfolio listings in search and browse results may be based on factors that include without limitation, the title, keywords, or by the date and/ or time the work was uploaded.
You acknowledge that FOLYOZ reserves the right to promote and market your Original Works of Art through the use of sales, marketing and/or advertising. You agree that your portfolio images, profile or name may be used to promote the Site and it’s Services on the Site, or through marketing/ advertising, and that your sole compensation, if any, will be in the form of exposure to Art Directors via print, online marketing or through the Site.
Commercial Artists that may use the Services can be an Illustrator, Photographer, Animator, Graphic Artist, Logo Creator or Letterer. Or a representative for a Commercial Artist, or Artist Representative.
Responsibility & Copyright
You acknowledge and agree that you are solely responsible for all Original Works of Art that you upload on the Site and Services. Accordingly, you represent and warrant that: (i) as to Original Works of Art that you make available through the Site and Services, you are the creator of all such Original Works of Art and you are the sole and exclusive owner of all such Original Works of Art; (ii) neither the Original Works of Art that you make available through the Site and Services nor FOLYOZ's use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation and: (iii) that all the information pertaining to the portfolio listing the Original Works of Art, have been labeled and described accurately and will not be misleading or false in any way. For more information about our copyright policy see: https://www.folyoz.com/copyright.
If you submit portfolio listings for Original Works of Art, you hereby appoint FOLYOZ as an independent non-exclusive promoter through the Site and Services and you hereby grant FOLYOZ the right to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art in Print to only promote FOLYOZ and it's Services; and (ii) access, view, use, crop, resize, copy, distribute, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art for the purpose of promoting FOLYOZ, the Site and it's Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of exposure to Art Directors via print, online marketing or through the Site, strictly to, and only to, promote FOLYOZ or it's Services.
If you remove a portfolio listing from the Site, or cancel your membership, the license rights granted by you to FOLYOZ will terminate as of the date the listing is removed. In addition, you acknowledge and agree that the license rights granted by you to FOLYOZ with respect to using Work to promote FOLYOZ, the Site and the Services will remain in full force and effect for only as long as necessary for FOLYOZ to fulfill any current obligations that require using the Work for such in-progress promotional purposes.
Re-Licensing or Stock Sales
For re-licensing or stock sales of Original Works of Art via the Site, Artists are solely responsible for negotiating, delivering, and collecting any payments or fees. Any re-licensing or stock sales derived from the Site, either from, a free account, a paid account, the main search grid, or from portfolio submissions, or from anywhere on the Site, belong 100% to the Artists. FOLYOZ is not a stock house, or stock agency, and does not interfere with or negotiate with any Art Buyer, Art Director or Creative Director on behalf of the Artist. FOLYOZ allows Artists to upload multiple Original Works of Art beyond the free 12 piece portfolio account when an artist switches to a paid pro account, and where all re-licensing fees remain 100% for the artist to keep. For re-licensing or stock sales of Original Works of Art via the Site, FOLYOZ is strictly the Service provider.
You acknowledge and agree that if you sell the rights to an Original Works of Art through re-licensing or stock, that you will be responsible for immediately editing or updating the Original Work of Art in your portfolio section as "Unavailable" for re-license, or to immediately remove the portfolio listing from your portfolio section, if that is the agreement you made re-licensing the work.
8. Art Director Terms & Conditions
Viewing Works & Accepting Portfolio Submissions
As a Member, you may view Original Works of Art that are listed by other Member Artists on the Site, you may Accept Portfolio Submissions through your Dashboard from other Member Artists, and you can hire Artists for custom assignment commissions or purchase re-licensing directly through any Member Artist. When you find an Artist you are interested in working with, you will be dealing directly with that Artist or their Artist Representative, and not with FOLYOZ. Prices or negotiations will be specified by the Artist or Artist Representative. You acknowledge that FOLYOZ is only the Service provider and not a representative for the Artist. FOLYOZ does not collect your billing or billing information, and does not process your payment. The Member Artist identified on the listing of the Original Work of Art is responsible for any promises, agreements, negotiations and delivering work directly to you. The Original Works of Art on FOLYOZ are copyrighted and cannot be used without the express consent of their creator, comping is use, please ask the Artist if they mind you comping their work for demonstrations or presentations. For more information about our copyright policy see: https://www.folyoz.com/copyright.
If you do not want to accept portfolio submissions, you are able to opt out from your Art Director dashboard by "Hiding" your account. When your account is "Hidden" Artists will not be able to see your profile, or submit their portfolios to you. At any time you can Hide or Un-Hide your account from your Dashboard.
Creatives that may use the Services can be an Art Director, Creative Director, Art Buyer, a hiring manager, project manager, or an authorized representative of a company that hires Artists for projects or commission assignments in Commercial Art.
For re-licensing or stock sales of Original Works of Art via the Site, Artists are solely responsible for negotiating, delivering, and collecting any payments or fees. Any re-licensing or stock sales derived from the Site belong 100% to the Artists. FOLYOZ is not a stock house, or stock agency, and does not negotiate on the behalf of the Artist. For re-licensing or stock sales of Original Works of Art via the Site, FOLYOZ is strictly the Service provider.
You acknowledge and agree that if you're interested in hiring an Artist or want to Re-License an Original Works of Art, that you will deal directly with the Artist.
9. Terms for Companies
FOLYOZ will soon introduce a Job Listing Board for Companies, Ad Agencies, & Publications that hire Art Directors, Creative Directors or Art Buyers.
Members can create an account on behalf of their Company. FOLYOZ offers a Service through which companies who want to hire creatives may create job listing on the Site and accept job submissions from Art Directors, Creative Directors or Art Buyers for review. FOLYOZ is only the service provider and does not offer employment. FOLYOZ does not guarantee the quality or reliability of the work provided by Art Directors, Creative Directors or Art Buyers. FOLYOZ does not process or offer payment by the Hirer or any of the legality of the engagement and is not a party to any dealings between the Art Directors, Creative Directors or Art Buyers and Company or Company representative who hires them. Job placement and any deals, agreements or contracts remain solely between the Art Directors, Creative Directors or Art Buyers and Company or Company representative, if any.
If you, as an authorized representative for your company creates a job listing, you hereby appoint and grant FOLYOZ the right to reproduce, distribute, publicly perform and publicly display copies of the job listing to other members on the Site and Services. You hereby grant FOLYOZ the right to publicly display your Company Name in other areas of the site to promote and market the Site and it's Services.
FOLYOZ is not a staffing agency, placement agencies, recruiter, or headhunter agency. Outside hiring agencies are strictly prohibited. FOLYOZ will suspend accounts suspected of being an outside agent. FOLYOZ reserves the right to cancel the account of an Agent, or suspected Agent, for violating this Agreement. You agree to keep all job listings and job candidates confidential and as protected information and not disclose or use except as necessary to perform an internal review in your company for the purpose of hiring said candidate.
You are solely responsible for the security of your account information and the accuracy of the information you provide, and you will notify us immediately if you believe any of your information or the information of a potential candidate has been compromised or may lead to a compromise of your account Information or the account information of another member.
You understand that FOLYOZ uses reasonable efforts to display the colors of Original Works of Art accurately via the Site and Services. However, because individual computer monitors may display colors differently, FOLYOZ is not responsible for the color accuracy of any Original Works of Art on the Site and Services, and disclaims all liability in this regard.
11. Member Content
You acknowledge and agree that you are solely responsible for any Member Content that you make available on or through the Site. You represent and warrant that: (i) you are the sole and exclusive owner of all Member Content that you make available on the Site or that you have all rights, licenses, consents and releases that are necessary to make available such Member Content and to grant all rights and licenses in such Member Content as granted under these Terms; and (ii) neither the Member Content nor you making available any Member Content on the Site nor any use of any Member Content as permitted under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
12. FOLYOZ Content
FOLYOZ may also make available through the Site and Services text, graphics, audio, video and images, some of which is owned by FOLYOZ, and some of which is made available under license by a third party. For FOLYOZ Licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by FOLYOZ or its licensors, except for the explicit licenses and rights expressly granted by these third party companies and in these Terms of Service.
13. General Prohibitions
You agree to NOT do any of the following:
• Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Site, or any individual element within the Site, FOLYOZ's name, any FOLYOZ trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without FOLYOZ's express written consent;
• Access, tamper with, or use non-public areas of the Site, FOLYOZ's computer systems, or the technical delivery systems of FOLYOZ's providers;
• Attempt to probe, scan or test the vulnerability of any FOLYOZ system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by FOLYOZ to protect the Site, Services, FOLYOZ Content or Member Content;
• Attempt to access or search the Site, Services, FOLYOZ Content or Member Content or download FOLYOZ Content or Member Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by FOLYOZ or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing an FOLYOZ trademark, logo URL or product name without FOLYOZ's express written consent;
• Use the Site, Services, FOLYOZ Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, FOLYOZ Content or Member Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, FOLYOZ Content or Member Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
• Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.
FOLYOZ will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. FOLYOZ may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that FOLYOZ has no obligation to monitor your access to or use of the Site or Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. FOLYOZ reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, portfolio listings for Original Works of Art, FOLYOZ Content or any other text, graphics, images, software, music, audio, video, information or other content or material that FOLYOZ, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services and FOLYOZ Content are protected by patents, patents pending, copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, FOLYOZ exclusively owns all rights, title and interest in and to the Site, Services and FOLYOZ Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or FOLYOZ Content.
15. Copyright Policy
FOLYOZ respects copyright law and expects its users to do the same. It is FOLYOZ's policy to terminate in appropriate circumstances, Member Accounts or other Account holders who infringe or are believed to be infringing the rights of copyright holders. Please see FOLYOZ's Copyright Policy at https://www.folyoz.com/copyright for information and notices concerning FOLYOZ's copyright policy.
The Site may contain links to third-party websites or resources. You acknowledge and agree that FOLYOZ is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by FOLYOZ of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
17. Termination and Account Cancellation
If you breach any of these Terms, FOLYOZ will have the right to suspend or disable your Member Account, at its sole discretion and without prior notice to you. FOLYOZ reserves the right to revoke your access to and use of the Site, Services, FOLYOZ Content and Member Content at any time, with or without cause. In the event FOLYOZ terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time directly from your member Dashboard Page or by sending an email to firstname.lastname@example.org.
THE SITE, SERVICES, FOLYOZ CONTENT AND MEMBER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FOLYOZ EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FOLYOZ MAKES NO WARRANTY THAT THE SITE, SERVICES, FOLYOZ CONTENT OR MEMBER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FOLYOZ MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FOLYOZ OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, FOLYOZ DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OF THE SITE OR SERVICES. FOLYOZ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold FOLYOZ, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, FOLYOZ Content or Member Content, or your violation of these Terms including attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Site, the violation of this Agreement, or violation of any law by Member.
20. Limitation of Liability
FOLYOZ SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FOLYOZ SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FOLYOZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
21. Controlling Law and Jurisdiction
The site is operated and provided in the State of South Carolina. As such, we are subject to the laws of the State of South Carolina, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Site or Services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of the State of South Carolina.
22. Compliance with Law
Members assume all knowledge of applicable law and are responsible for compliance with any such laws. Member may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Members further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
The failure of FOLYOZ to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an officer of FOLYOZ. Except as expressly set forth in these Terms, the remedies under these Terms will be without prejudice to its other remedies under these Terms. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
23. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between FOLYOZ and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between FOLYOZ and you regarding the Site and Services.
24. Contacting FOLYOZ
If you have any questions about these Terms, please contact FOLYOZ at email@example.com.