Terms & Conditions

Please read our terms of use carefully before you use our services.

Welcome to Foliogem, Foliogem will be referred to throughout as “Foliogem” These Terms of Use govern your use of Foliogem service. By using Foliogem and/or any tool, function or service of its website, you are indicating you agree to be bound by these Terms of Use as such terms may be modified from time to time. Please read the Terms of Use carefully.

Agreement
In consideration of Foliogem, providing you with the site services, you agree to comply with these Terms of Use for the site services. If you do not agree to these terms and conditions, we do not consent to provide you with access to the site services.
We reserve the right at any time to:
1. Change the terms and conditions;
2. Change the site services, including eliminating or discontinuing any content or feature of the site services; or
3. Impose fees, charges or other conditions for use of the site services (with reasonable notice).
Foliogem reserves the right to amend these Terms of Use from time to time. Your continued use of Foliogem website and services will signify your acceptance of any change in terms and conditions set forth herein.

Any changes we make to the TERMS OF USE will be effective seven (7) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on our web sites or via email. Your use of the site services after such notice will be deemed acceptance of such changes. Our business changes constantly. The TERMS OF USE, as well as our Privacy Policy change also. You should check our web sites frequently to see recent changes. If circumstances arise that require a shorter period before a change to the TERMS OF USE shall be effective, we will make all reasonable efforts to notify you, including posting notice of the change on our web site. It is your sole responsibility to maintain current knowledge of the TERMS OF USE.

All legal issues arising from or related to the use of this service shall be construed in accordance with the laws of the State of Queensland without regard to conflicts of law principles. If you are a resident of any country outside Australia, you understand and agree that we store and process your information on computers located in Australia, and that by providing any information to Foliogem, you consent to the transfer of such information to Australia. These Terms of Use constitute the entire agreement between you and Foliogem with respect to the use of this service (inclusive of all services offered through Foliogem website.) Foliogem failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. If a court should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the Terms of Use shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.

Modifications will also be made periodically to Foliogem website. Foliogem may modify Foliogem .com with or without notice to you and without liability to you or any third party.

A link to Foliogem.com will be placed in the footer of your site, unless a custom design is implemented.

Registration – My Account
You agree the information that you provide to us during registration and at all other times will be true, accurate, current and complete. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders. We will use the information you provide to us in accordance with our privacy policy.

Account Security
When you register with Foliogem you are asked to set up a password. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting the access to your password and to your computer while logged into the Foliogem site. You agree to accept responsibility for all activities that occur under your account or from you computer. We use reasonable security measures to protect against unauthorized access to your account. You agree to immediately notify Foliogem of any unauthorized use of your account or password, or any other breach of security, and to accept all risks of unauthorized access to the registration data and any other information you provide to Foliogem The only time Foliogem will knowingly give out any information on your Foliogem account is under legitimate governmental request, subpoenas or court orders.

Payment Terms
All charges for your Plan(s) must be paid in advance according to the most current price of the Plan(s). Upon registration, you must pay for your Plan(s) by credit card or PayPal via the PayPal website. Upon paying for your Plan(s), you thereby grant permission to Foliogem to charge any fees in accordance with your Plan(s). You will receive an email notification after each recurring charge.
(a) Payment Date: Except as otherwise provided herein below, all fees payable under the terms of this Agreement shall be paid by Customer to Foliogem on the day the Customer account is setup, as the case may be. And all successive annual fees must be paid completely the following year on the date the account was setup. Special pricing or promotional offers are to be paid under the terms set forth in the offer itself. Setup fees and or other charges, including annual plan fees are non-refundable without limitation.
(b) Payments: All fees for Foliogem services and products will be paid through our merchant service provider to Foliogem in US dollars.
Customer hereby authorizes Foliogem to bill customer's credit card or bank debit card each successive billing period until termination of service. A credit card customer shall immediately notify Foliogem of any changes in credit card number or expiration date. If the card is not honored for any reason, Foliogem will notify customer. If an alternative billing method has not been established by Foliogem and Customer within five (5) days from the date the credit card is not honored, Foliogem will terminate Customer Service at that time, except as may be otherwise provided herein.
(c) Reinstatement: Accounts in default are subject to an interest charge of 4% per month on the outstanding balance which will be due and payable at reinstatement. Termination of this Agreement shall not relieve Customer from the obligation to pay all outstanding invoices including any interest accrued thereon.
(d) If at anytime we receive a “chargeback” from our merchant provider and charged a fee, that fee will be charged to your account. Not to exceed twenty-five dollars ($25.00).

Third Party Services
You may order services or merchandise through Foliogem from other persons not affiliated with Foliogem ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Foliogem makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Foliogem nor will Foliogem be construed as a party to such transactions, whether or not Foliogem may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

We may share your personally identifiable information with those companies that assist us in providing Foliogem service to you. Examples of our use of third party service providers: we outsource all domain & hosting companies which need information. We may share your credit card information with a financial institution to affect your purchase of our services or products using your credit card. We may share personally identifiable information (not including credit card information) with third parties that assist us with the administration or fulfillment of photo ordering, including, but not exclusively, photographers and photo labs.

Termination
Foliogem reserves the right to terminate your Foliogem subscription if Foliogem learns that you have provided false or misleading registration information. Foliogem reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Use; and/or (ii) your subscription(s) without ability to access Foliogem and/or any other service provided to you by Foliogem upon any breach by you of the Terms of Use. Foliogem also reserves the right to terminate your account for non payment of services.

Cancellation Policy
You may choose to cancel your subscription with Foliogem at any time. In order to cancel, you will need to send us in writing a request to cancel your service via your account administration area. Your request will be processed within three (3) business days of receipt. For cancellations made anytime in the middle of a billing cycle, your service will be terminated at that point and no further payment will be drafted or billed. No prorated refunds will be given.

Upon cancellation, any Content you have stored on the Site may no longer be retrieved, so you should make a backup of copy of any such Content on a regular basis and before terminating your account. We will not be held liable for loss of Content after your request to cancel has been processed.

Transfer of Membership
You may not transfer or re-sell your Foliogem account.

Limitation of Liability
You expressly agree that the use of Foliogem is at your sole risk. Foliogem is provided on an “as is” and “as available” basis. Foliogem expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Occasional service outages may occur that Foliogem cannot control. If such outages occur, Foliogem will work on restoring service as soon as possible. Foliogem makes no warranty that Foliogem services will be uninterrupted, timely, secure, or error free. Foliogem will not be liable to you for any indirect, special, consequential, incidental or exemplary damages, whether foreseeable or not, which may result from the unavailability or malfunction of Foliogem website and/or related service(s). In no event will Foliogem or its suppliers have any liability for unauthorized access to, theft or destruction of any content made available for distribution by the Plan(s) through fraud or devices.

You understand and agree that the submission of digital image to Foliogem, and the upload/download of any material through Foliogem service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your image, any loss of your image(s) and any damage to your computer system or loss of data that may result in the upload/download of any material. You are solely responsible for creating back-ups of your digital images. You acknowledge and agree that Foliogem accepts no responsibility or liability for, and employs no control over, the content of the information passing through Foliogem host servers, network hubs, or the Internet. All services performed thereunder are performed "as is" and without warranty against failure of performance including, without limiting to, any failure due to computer hardware or communication systems. Except as expressly provided in this Agreement, Foliogem does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, in reference to Foliogem service(s), including, but without limiting to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or developing from course of dealing, course of performance, or usage in trade.

Indemnification
You agree to indemnify and hold Foliogem , their affiliates, officers, directors and employees, harmless from and against any and all demands, liabilities, losses, costs, expenses, claims, including reasonable attorneys' and consultants’ fees and court costs, demands, causes of action, or judgment directly or indirectly made by any third party due to or arising out of your use of Foliogem plan(s) and/or service(s), the violation of these Terms of Use by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

Domain Name Usage and Ownership
Although we purchase your domain name you will be and remain the legal owner/registrant of it.
Upon publishing your website and selecting a domain name, it may take up to forty-eight hours for your website to be viewable online. This is out of our control and due to the global domain registry. No discounts will be given if you want to use a domain name you already own with the website you host with Foliogem. Foliogem will host your website and point your domain to it by domain frame forwarding.

Copyright
Foliogem respects the intellectual property rights of others and does not own any content on a website. If you believe your copyright in a work has been violated through this service, please contact the alleged offender with the description of the work you believe has been infringed. Request they remove or prove that the work in questions is theirs to display. Only after trying to resolve what you believe to be a copyright infringement contact Foliogem for notice of claims of copyright infringement. You can reach us at: info@Foliogem .com. You must provide the following information:
1. Describe the copyrighted work that you believe has been infringed;
2. Identify the material on the website that Foliogem powers that you believe infringes your work, with enough detail so that we may locate it;
3. Provide your contact information, including: full name, address, telephone number, and email address;
4. Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. Declare under penalty of perjury that
(a) the information you have provided to us is accurate, and
(b) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and,
6. Provide your physical or electronic signature.
Upon receiving your complaint, Foliogem may remove content that you believe infringes your copyright. In addition, Foliogem may terminate the account of the member who appears to be infringing your intellectual property rights. Please remember it is not Foliogem responsibility to monitor such activity.

Trademarks
Foliogem, the Foliogem logo, and any other product or service names, logos or slogans of Foliogem contained in the Site are trademarks of Foliogem and may not be copied, imitated or used, in whole or in part, without the prior written permission of Foliogem . You may not use any metatags or any other “hidden text” utilizing “Foliogem” or any other name, trademark or product or service name of Foliogem without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icon and scripts, is the service mark, trademark and/or trade dress of Foliogem and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Your Conduct
You are responsible for all of the images you upload, share or copy using Foliogem service. You must have the legal right to display each image that you upload or share, and to copy each image that you order prints of. Professional images that are provided to you by professional photographers or made available through websites magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using this service.

In addition, the actions further described below, will constitute grounds for blocking your access to our service, removal of posted material and non-fulfillment of your order (or any part of your order). As condition of your use of this service, you shall not: upload, post, order for print, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, nudity, invasive of another's privacy, hateful, or otherwise objectionable; upload, post, order for print, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any trademark, trade secret, copyright or other proprietary rights of any party; harm minors in any way, including, but not limited to, content that violates federal and state child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site.

Foliogem reserves the right to refuse to fulfill any order, or any part of any order, if it believes that these Terms of Use have been violated. In addition, Foliogem reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of Foliogem or others.

Website Content
Foliogem does not control the content of any user’s account and does not have any obligation to monitor such content for any purpose. All content provided by a user of Foliogem service(s) is the sole responsibility of that user. Foliogem will not power any website that contains nudity, pornographic, offensive, or unlawful material. Upon discovery of such material, Foliogem reserves the right to remove the material and terminate your subscription. You warrant that your images do not violate any laws, both international and domestic.

User Responsibility
Photos uploaded through Foliogem website are not original photo quality specifications, but rather are “versions” of the real photos uploaded at a lesser quality than the original. Uploads are seen online at a resolution of 72 dpi with a maximum width or height of 850 pixels per photo. It is necessary, and the users’ responsibility, to save all original photos or CDs if needed for later use. Once the photos are uploaded they cannot be reproduced back into their original state.