By accessing “PortfolioDog” (hereinafter “we”, “us”, “our”, “the site” or “PortfolioDog”), you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use PortfolioDog. We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of PortfolioDog after changes mean you agree to be legally bound by these terms as they are updated and/or amended.
PortfolioDog reserves the right to modify these terms at any time and to notify you of the modifications at least thirty (30) days prior to the effective date by an announcement on the home page of PortfolioDog.com after log in with the associated selling account. You agree to be bound by all such changes. If you do not agree with any of the changes, you must remove from PortfolioDog all content, or at least that portion of your content to which you do not wish the changes to apply.
Your Content and Copyrights
The copyrights to all Content remain with the owner of those copyrights. Nothing contained herein shall be construed to transfer any copyrights to PortfolioDog.
You are legally responsible for all information, data, text, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the site. PortfolioDog is not responsible for your Content. You hereby grant PortfolioDog a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You may edit, remove, or add Content to the site at any time with an active account so long as the changes and/or additions don't violate this TOS agreement. PortfolioDog may from time to time use Content to promote the site, or areas of the site, and will try to credit the User when applicable.
PortfolioDog can refuse to accept, or remove, Content from the site for any reason, including but not limited to a violation of this TOS or any other agreement that you have with PortfolioDog; Content that is deemed by PortfolioDog to be obscene or defamatory in nature; Content that may, if not removed, subject PortfolioDog or any of its officers, managers, directors or employees to legal action. PortfolioDog may attempt to contact you in case of Content removal, but is not required to do so.
PortfolioDog shall use reasonable efforts to remove identical Content to that which was removed from PortfolioDog from PortfolioDog Websites, including co-branded affiliates, if they exist, within sixty (60) days of removal from PortfolioDog.
PortfolioDog has the right to close or remove an account for any reason, including but not limited to fraud, intellectual property infringement, violation of a third party's rights including those of privacy or publicity, submission of material that is deemed by PortfolioDog to be obscene or defamatory in nature, failure to comply with PortfolioDog's TOS, or for any breach of the terms of any other agreement that you have with PortfolioDog.
To request removal of your PortfolioDog account, a request must be emailed to the site administrators via the contact form, or directly emailed, after which time your account will be closed within a reasonable amount of time, and no more than thirty (30) days. Until your account is removed, all Content will remain available on PortfolioDog.
Buying and selling art
PortfolioDog is not responsible for the transaction between an artist and his or her client, and is not responsible for sales, including but not limited to failed or late payments, non-delivery of goods, fraudulent posts, misrepresentations of ownership, copyright infringements or damaged goods. You buy and sell at your own risk.
Buying services provided by PortfolioDog
PortfolioDog provides pay services, including websites for artists. Unless otherwise stated on the purchase page of the purchased Service, there will be no refunds except in the case of failed delivery of said Service, notwithstanding occasional disruptions due to unforeseen server issues.
For the purposes of this TOS, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by PortfolioDog.
Nothing contained herein grants or shall be construed to grant you any rights to use any PortfolioDog Trademarks.
You agree that you will not use PortfolioDog's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or PortfolioDog. Nor will you contest or otherwise challenge, in any legal action or otherwise, or assist or encourage any other person or entity to contest or challenge, the validity of any of PortfolioDog Trademarks or the Trademark rights claimed by PortfolioDog.
You agree that you will not use any PortfolioDog Trademarks or any variant thereof (including misspellings) as a domain name or as part of a domain name, as part of a blog name or social media handle or channel, or as a metatag, keyword, or any other type of programming code or data.
You may not at any time, adopt or use, without PortfolioDog's prior written consent any word or mark which is similar to or likely to be confused with PortfolioDog's Trademarks.
The look and feel of the PortfolioDog Websites, including but not limited to all page headers, footers, custom graphics, and scripts, is the trade dress and/or trademark or service mark of PortfolioDog and may not be copied, imitated or used, in whole or in part, without the prior written consent of PortfolioDog.
You may not frame or directly link to Content's image data (hotlink) in a manner that obfuscates the Content's source page on PortfolioDog, purposefully or otherwise, without the prior written consent of PortfolioDog.
All rights in and to PortfolioDog's Trademarks not expressly granted to you hereunder are reserved by PortfolioDog.
Copyright Infringement Claims
While PortfolioDog takes commercially reasonable steps to ensure that the rights of its Contributors are not violated by customers or other parties, PortfolioDog has no obligation to pursue legal action against any alleged infringer of any of your rights in and to any Content. You hereby grant PortfolioDog the right and authority to take such steps as PortfolioDog deems commercially reasonable to protect PortfolioDog's rights in the Content. PortfolioDog recommends that you register all of your Content for copyright protection, as such registration is generally a prerequisite to commencing an action for copyright infringement. More information on registering your work for copyright protection can be found at http://www.copyright.gov/
Representations and Warranties
You represent and warrant that:
you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder;
you are under no legal disability or contractual restriction that prevents you from entering into this agreement;
the Content and all parts thereof are owned and/or controlled by you, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available;
if the Content contains references to or actual sound recordings, music and/or lyrics, you own or have acquired all rights to use such references or actual sound recordings, music and/or lyrics from the owner of the copyright in such sound recordings, music and/or lyrics;
if the Content consists in whole or in part of design elements, fonts, clipart, sprites, vectors, brush tools and the like that are included in design programs (e.g., Photoshop, Illustrator) by uploading such Content to PortfolioDog, you warrant and represent that the end user license agreement, terms of service or the equivalent license held by you does allow you to incorporate such elements in Content created by you, and to license such Content to PortfolioDog for the purposes set forth herein;
the Content is neither obscene nor defamatory and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity;
there is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Content or which might in any way impair the rights granted by you hereunder; and
you will not transmit unsolicited emails or engage in so-called “spamming” to publicize or promote your relationship with PortfolioDog or the sale of your Content - nor will you use PortfolioDog's Trademarks through the use of search engine advertising and/or marketing. You acknowledge that such advertising might infringe on the intellectual property rights of PortfolioDog and/or third parties. In addition to its other rights and/or remedies under the TOS, PortfolioDog shall be under no obligation to pay you any compensation if you violate the terms of this subparagraph.
PortfolioDog represents and warrants that:
it has the power and authority to enter into this agreement and to fully perform all of its obligations hereunder; and upon making or learning of any claim that is inconsistent with any of the warranties or representations made by you, PortfolioDog shall send you written notice of such claim, using the email address provided by you to PortfolioDog, specifying the details of the claim as then known to PortfolioDog. Pending the determination of such claim, PortfolioDog may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by PortfolioDog. You will cooperate fully with PortfolioDog in the defense of any such claims. You may participate in the defense of any claim through counsel of your selection at your own expense.
You agree to indemnify and hold PortfolioDog harmless from and against any and all claims, losses, damages, costs and expenses (including attorneys' fees and disbursements) arising out of any breach or claimed breach of any of your representations or warranties or any of your obligations under the TOS. You will only be liable for any incidental, consequential, or special damages in the case of third party claims.
PortfolioDog shall indemnify and hold you harmless from and against any and all claims, losses, damages, costs and expenses (including attorneys' fees and disbursements) arising out of any breach or claimed breach of any of PortfolioDog's representations or warranties or any of PortfolioDog's obligations pursuant to the TOS, provided that, except in the case of third party claims, PortfolioDog shall not be liable for any incidental, consequential, or special damages.
If PortfolioDog is the indemnifying party, it shall defend such claims, control litigation, and settle claims in its sole discretion. If a settlement creates a financial obligation for you, it shall require your written consent, which will not be unreasonably withheld or delayed by you. If you are the indemnifying party, PortfolioDog shall have the right but not the obligation to assume control of any litigation.
When indemnification is sought due to a legal claim by a third party, the indemnified party shall:
promptly notify the indemnifying party of the claim. If the indemnified party does not notify the indemnifying party, the indemnifying party must still meet its indemnification obligations under the TOS, unless the failure to notify causes material prejudice to the indemnifying party; and
give the indemnifying party the opportunity to defend the claim with counsel reasonably acceptable to the indemnified party. Counsel that is acceptable to indemnifying party's errors and omissions insurance carrier shall be deemed to be acceptable to indemnified party. The indemnified party agrees to cooperate with the indemnifying party in the defense of any claim, at the indemnified party's expense. If for any reason the indemnifying party does not elect to or fails to defend a claim, the indemnified party may do so at the indemnifying party's sole expense.
You must be 13 years of age or older to register and use PortfolioDog.
The TOS contains the entire understanding of the parties with respect to the subject matter covered herein and supersede any prior agreements with respect to such subject matter.
The validity, interpretation and enforcement of the TOS, matters arising out of or related to the TOS or its making, performance or breach, and related matters shall be governed by the internal laws of the State of California (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of the TOS, matters arising out of or related to this TOS or its making, performance or breach, or related matters shall be brought exclusively in the courts of the State of California, and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
If any part of the TOS is held void or unenforceable, it shall not affect the validity of the balance of the agreement. The TOS shall be binding upon and shall inure to the benefit of each party and their respective legal representatives, successors in interest and permitted assigns.
PortfolioDog will not be liable for any damages, including actual, indirect, special, or consequential damages arising from the submission or use of your Content or the termination of your Contributor Account.