Terms

These Terms of Use (“Terms”) govern your access to and use of the services, the FoldingStory website (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with all of the Terms, Rules and Privacy Policy. By accessing or using the Services in any way you agree to comply with, and be bound by, the Terms, Rules and Privacy Policy.  If you object to any provision in the the Terms, Rules or Privacy Policy your only recourse is to immediately cease using the FoldingStory website. FoldingStory, in its sole discretion, has the right, but not the obligation, to strictly enforce the Terms through any and all legal options including, but not limited to, self-help, community moderation, active investigation, litigation and prosecution.

Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences resulting from your use. The Content you submit, post, or display will be viewable by other users of the Services and possibly through third party services and websites. Only provide Content that you are comfortable sharing with others under these Terms.

You must have the ability and capacity to form a binding contract with FoldingStory and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction in order to use the Services. While using the Services you must adhere to these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services on the FoldingStory website are constantly evolving and may change from time to time without prior notice to you. FoldingStory may stop, either permanently or temporarily, providing the Services (or any feature or combination of features within the Services) to you or to users generally without prior notice. You acknowledge that FoldingStory shall not be liable to you or any third party for any modification, suspension or termination of Services. You further acknowledge that FoldingStory retains the right to create limits on use and storage at our sole discretion at any time without prior notice to you. You agree that FoldingStory has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services.

Advertising

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for FoldingStory granting you access to and use of the Services, you agree that FoldingStory and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

Privacy

Any information that you provide via the FoldingStory website is subject to the Privacy Policy, which governs our collection and use of your information. You understand that by using the Services you consent to the collection and use of this information as set forth in the Privacy Policy, including the transfer of this information to the United States and/or other countries for storage, processing and use by FoldingStory. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account with the FoldingStory website, which you may not be able to opt-out from receiving.

Accounts

You are responsible for safeguarding the username and password (your “Account”) that you use to access the Services and for any activities or actions under your Account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. The FoldingStory website provides you with a tool for evaluating the relative “strength” of your password, however, you may not rely on this tool and use of this tool does not absolve you of the responsibility for actions taken via your Account.  You hereby release FoldingStory of all liability for any loss or damage arising from your failure to comply with the above requirements.

Account Cancellation

To cancel your account, please send an email to .(JavaScript must be enabled to view this email address).  FoldingStory will disable the login capabilities for your account within 72 hours and disable public access to your profile page.  Lines you have contributed, stories you have started, comments that you submitted and lines you have “liked” will remain on the website and associated with your account’s username.

Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person under whose Account such Content originated. A rebuttable presumption exists that such Content is posted by the person who created the Account.  FoldingStory does not pre-screen, approve, monitor or control the Content posted through the Services and denies all responsibility for such Content. You bear the risk of any and all uses or reliance on any Content or materials posted via the Services or obtained by you through the Services.

FoldingStory does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will FoldingStory be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant FoldingStory a worldwide, non-exclusive, royalty-free license, with the right to sublicense.  The license includes permission to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or subsequently developed.

You agree that this license includes the right for FoldingStory to make such Content available to other companies, organizations or individuals who partner with FoldingStory for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Additional uses of Content by FoldingStory, or other companies, organizations or individuals who partner with FoldingStory, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. Any compensation or remuneration by FoldingStory is purely voluntary and does not give rise to any obligations on behalf of FoldingStory, nor does it indicate or oblige FoldingStory to provide similar compensation or remuneration in the future.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media. We may also make such changes to your Content as are necessary to conform to any requirements or limitations of any networks, devices, services or media.

FoldingStory permits you to display on your website, or create a hyperlink (“link”) on your website to, Content available on the Services, so long as such use is for noncommercial and/or news reporting purposes only, such as personal weblogs (“blogs”) and personal online media.  If the total amount of Content displayed or linked to on your website exceeds one hundred (100) pieces of Content, your use will be presumed to be in violation of the Terms, absent express permission granted by FoldingStory to do so.  You may also create a link to the home page of the FoldingStory website so long as the link does not portray the FoldingStory website, FoldingStory, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and by any third party partners. You understand and acknowledge that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. FoldingStory will not be responsible or liable for any use of your Content by FoldingStory in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

If a dispute arises between users of the Services or between users and any third party, you understand and agree that FoldingStory has no obligation to become involved.  If you have a dispute with one or more other users, you hereby release FoldingStory, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown,  suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Services.

FoldingStory gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by the FoldingStory website as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by the FoldingStory website, in the manner permitted by these Terms.  Use of the Services that exceeds the scope of authorized access granted to you by FoldingStory immediately terminates said permission or license.

FoldingStory’s Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of FoldingStory and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the name or any of the trademarks, logos, domain names, and other distinctive brand features of FoldingStory or the FoldingStory website. Should you provide any feedback, comments, or suggestions regarding the FoldingStory website, or the Services, such feedback is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

The Services are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the Services or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without express written consent from FoldingStory. You further agree not to reproduce, duplicate or copy Content from the Services without the express written consent of FoldingStory, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.

Although FoldingStory does not claim ownership of content that its users post, by posting Content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to FoldingStory an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, perform, display, adapt, publish, translate and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Services, you automatically grant FoldingStory all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose.

Restrictions on Content and Use of the Services

FoldingStory reserves the right (but does not assume the obligation) to remove or refuse to distribute any Content on the Services and to terminate user Accounts. Please review the FoldingStory Rules (which are part of these Terms) to better understand what is prohibited on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (1) comply with any applicable law, regulation, legal process or governmental request, (2) enforce the Terms, including investigation of potential violations hereof, (3) detect, prevent, or otherwise address fraud, security or technical issues, (4) respond to user support requests, or (5) protect the rights, property or safety of FoldingStory, its users and the public.

You may not do any of the following while accessing or using the Services: (1) access, tamper with, or use non-public areas of the Services, FoldingStory’s computer systems, or the technical delivery systems of FoldingStory’s providers; (2) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (3) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided on the FoldingStory website (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with FoldingStory (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of FoldingStory is expressly prohibited); (4) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (5) interfere with, or disrupt, (or attempt to interfere or disrupt), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Copyright Policy

FoldingStory respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please email the following information to .(JavaScript must be enabled to view this email address): (1) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) your contact information, including your address, telephone number, and an email address; (5) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

FoldingStory reserves the right, but has no obligation, to remove Content alleged to be infringing without prior notice and at our sole discretion. FoldingStory will also terminate a user’s account, if, in our sole discretion, we determine such action is necessary.

The Services are Available “AS-IS”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, FoldingStory AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content. FoldingStory will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that FoldingStory has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from FoldingStory or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources not under the control of FoldingStory. You acknowledge and agree that FoldingStory is not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) 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 FoldingStory 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.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOLDINGSTORY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (3) ANY CONTENT OBTAINED FROM THE SERVICES; AND (4) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FOLDINGSTORY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnity

You agree to indemnify and hold FoldingStory, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Services, your use of the Services, your violation of the Terms or Rules, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Exclusions

The limitations of liability above do not apply in those jurisdictions that do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages.

Waiver and Severability

The failure of FoldingStory to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Nevada without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Nevada and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Nevada (excluding choice of law).

Entire Agreement

These Terms, the Rules of the FoldingStory website and our Privacy Policy are the entire and exclusive agreement between FoldingStory and you regarding the Services (excluding any services for which you have a separate agreement with FoldingStory that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between FoldingStory and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be at FoldingStory.com/terms/. Such revisions will be effective immediately upon posting.  If FoldingStory, in our sole discretion, determines that the revision is material, we will notify you via e-mail to the e-mail address associated with your account. You are responsible for reviewing these Terms on a regular basis.  By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

Last Update: June 25, 2012