
Gecko Web Folio - Terms and Conditions. The
following Terms of Service applies to all websites/domains hosted by Gecko Web Folio
(a division of Gecko Collections Ltd) hereinafter referred to as Gecko.
The term "applies" is defined as total content of each web folio/website/domain,
as well as "links" from any web folio/website/domain, or to any web
folio/website/domain. The terms "Web Folio", "Online Portfolio" and
"Portfolio" are interchangeable and refer to a collection of materials used
to illustrate the works of an individual or group.
1.
By subscribing to our service, you acknowledge that you have read,
understood and that you agree to our terms of service.
2. Furthermore you agree to be charged on a monthly basis (in advance)
for the stated hosting cost and further agree to be charged on an annual
basis (in advance) for your domain name renewal, unless we receive notice in
writing that you wish to cancel your subscription.
3. Upon receipt of your cancellation notice you will not be charged
any further hosting fees and your portfolio will be removed at the end of
the current pre-paid period. If you choose to cancel your subscription
within thirty days of subscribing, you will be refunded any setup and
hosting fees paid. However, in order to
maintain ownership of the domain name registered by Gecko on your behalf,
you will have pay the annual domain registration fee.
4. Your subscription grants you a non exclusive, non transferable licence to
use Gecko's software to display your portfolio, for the duration of your
paid subscription. The copyright for the design and presentation
remains with Gecko. It is understood and agreed that, as software and
technology changes, it may be necessary for Gecko to alter the design and/or
method of presentation.
5. All rights relating to the work and information uploaded, remain
with you. However, in order for Gecko to provide you with an online
portfolio; you grant non exclusive, worldwide and royalty free rights for
Gecko to store, copy, distribute and use your uploaded files as necessary to
promote your Web Folio and the services offered by Gecko. You are aware and
agree that it may be necessary for Gecko to manipulate or edit your uploaded
files.
6. Gecko can not be held liable for the loss or damage of any
submitted materials (electronic or otherwise). Furthermore, if materials are
submitted, then it is recommended that only copies (not originals) are sent
via a reputable courier that provides proof of delivery and any necessary
insurance. The return of submitted materials will be at your expense.
7. Pornography and sex-related merchandising are
prohibited. This includes sites that may infer sexual content, or links to pornography
elsewhere. Nude "art" is permitted.
8. You may not upload any material that violates or infringes on the copyright,
intellectual property rights or trademark rights of any individual or organization.
9. You may not use our service in the commission of any crime that violates
local, national or international laws.
10. You are solely and fully responsible for the contents of your portfolio. Any and all
repercussions will be born solely by you as the portfolio content owner.
11. In no event will Gecko Web Folio be liable for any damages, including, without
limitation, direct, indirect, incidental, special, consequential, or punitive damages
arising out of the use of or inability to use Gecko Web Folio's services or any content
thereon. This disclaimer applies, without limitation, to any damages or injury, whether
for breach of contract, tort, or otherwise, caused by any failure of performance; error;
omission; interruption; deletion; defect; delay in operation or transmission; computer
virus; file corruption; communication line failure; network or system outage; or theft,
destruction, unauthorized access to, alteration of, or use of any record.
12. Gecko will not use
your personal information for any purpose other than that for which it is
submitted. We use personal information to reply to inquiries, handle
complaints, provide operational notices and in program record-keeping. We do
not sell, trade or rent your personal information to any other party.
13. Gecko reserves the right to delete any or all
content of a portfolio and/or terminate any subscription without warning or notice,
for any reason, including without limitation to, non compliance with any of
the terms above.
14. This website comprises and contains copyright materials. Text, images and
hyperlinks may only be used to promote Gecko or it's services. Any other copying, use or distribution of these items in whole or in part,
without prior written permission is strictly prohibited.
15. By accepting these terms of service it is agreed, that any claim
or judicial proceedings for whatever reason relating to this service, shall
be heard by the courts of the judicial jurisdiction of Ontario, Canada, to
the exclusion of any other courts, judicial district or jurisdiction that
may have the right to hear such dispute.
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