By using the aperfolio.com web site and any related service (“Service”) of Boom Boom Design, (“BBD”), you are agreeing to be bound by the following terms and conditions (“TOS”).
BBD reserves the right to update and change the TOS at any time. Your acceptance of the TOS encompasses any current and future offerings of the aperfolio.com web site, including the addition of new tools, plans, resources and features. Continued use of the Service after any such changes/additions have taken place shall constitute your consent to such changes. You can review the current Terms of Service at any time at: http://www.aperfolio.com/terms_of_service
- Description of Service. Aperfolio is a web-based content management system and flash interface created by BBD. You agree to use the Service at your own risk. The Service is provided on an AS IS and AS AVAILABLE basis. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- Eligibility. You must be at least thirteen (13) years of age to use this Service. You must be human (accounts registered by “bots” or other automated methods are not permitted). Your registration information must include current, accurate identification, contact and other information as required by the registration process and/or continued use of the Service. You are solely responsible for maintaining the confidentiality of your Service password and account information, and are responsible for all activities that occur thereunder. BBD reserves the right to refuse service to anyone at any time without notice for any reason.
- Proper Use. You agree to use the Service in compliance with all applicable local, state, national and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to:
- use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by BBD
- use the Service for any fraudulent or inapporpriate purpose, including false representation of identity and/or the upload, transmit, or distribution of unlicensed images
- resell, duplicate, reproduce or exploit any part of the Service without the express written permission of BBD
- use any robot, spider, other automated device or manual process to monitor or copy any content from the Service.
Violation of the forementioned terms may result in the termination of your account, and may subject you to state and federal penalties and other legal consequences.
While BBD prohibits certain conduct and content, as described in the forementioned terms, you fully understand and agree that BBD cannot be held responsible for content posted using this service, and you nonetheless may be exposed to such materials.
- Payment Terms. A valid credit/debit card is required for use of the Service. The recurring cost of your chosen plan is billed automatically at signup and in advance on a monthly basis thereafter. These fees are non-refundable. There will be no refunds or credits for partial months of service, or for months unused with an active account. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties. Should you upgrade or downgrade your account, your credit/debit card will be charged with the revised applicable rate on your next billing cycle.
- Modification of Fees and Services. BBD reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. BBD reserves the right to change applicable Service fees upon 30 days notice from BBD. Such notice may be provided at any time by posting changes to the Aperfolio site (http://www.aperfolio.com) or the Service itself.
- Bandwidth. If your bandwidth usage exceeds the amount alotted for your plan level, or significantly exceeds the average bandwidth usage (as determined solely by BBD) of other Aperfolio customers, we reserve the right to immediately disable your account or throttle your file hosting until you reduce your bandwidth consumption.
- Cancellation and Termination. You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by clicking on the ‘My Account’ tab in your Aperfolio Hub. A request by phone or email to cancel your account is not considered cancellation. There will be no refund if you cancel the Service before the end of your current, paid-up month, and you will not be charged thereafter. There is no cancellation fee. Cancellation is immediate and all access to the associated tools for your plan will be removed automatically. Associated content for all tools will be ‘frozen’ in its current state at time of cancellation. BBD may at any time and for any reason terminate the Service, terminate this Agreement, or suspend or terminate your account.
- Intellectual Property Rights. BBD claims no intellectual property rights over the material you provide to the Service. You acknowledge that BBD owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
- Warranties and Liability. BBD does not warrant that: (i) the Services will meet your requirements or expectations, (ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (iii) bugs or errors will be corrected, (iv) the mathematical calculations performed by the Service is accurate. The Services are provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that BBD shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BBD has been advised of the possibility of such damages), resulting from your usage of the Service.
- Indemnification. You agree to hold harmless and indemnify BBD, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, BBD will provide you with written notice of such claim, suit or action.
- Failure to Enforce. The failure of BBD to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and BBD and govern your use of the Service, superceding any prior agreements between you and BBD (including, but not limited to, any prior versions of the TOS).
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact BBD at BDGsupport@aperfolio.com.