Terms & Conditions of Use
Welcome to Folissimo. Folissimo, the Website
www.folissimo.com
and all subdomains (“Folissimo”) provides registered users with an online distribution platform
for their digital, creative content.
Folissimo (“We”,”Us”, “The Service”) is operated by Folissimo Ltd, a company registered in England &
Wales at the address, 22, Adam & Eve Mews, London, W8 6UJ, registration No. 07979337.
By visiting this Website and/or by using services provided by Us through this Website, you agree to be
bound by the following Terms And Conditions - please read them carefully:
Eligibility
You agree to be of at least 18 years of age in order to use any part of the Service. By using this
Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement
and to abide by all the Terms and Conditions of this agreement.
General Terms
We may make modifications to these Terms and Conditions from time to time and without actual notice to you
and while we will endeavour to inform registered users to the site of major changes to this agreement, it
is your responsibility to check this page regularly. If at any time you do not accept these Terms and
Conditions, please do not use the site.
Privacy
Our Privacy Policy is available here :
www.folissimo.com/about/privacy
. If you do not agree with it, please do not use the site or the Service.
Content
You are solely responsible for any data, text, music, sound, images, photographs, graphics, video, files
or other materials ("Content") which is transmitted, posted, or distributed by you through the Service.
By transferring Content to Folissimo you warrant and represent that you own all right, title and interest
to that Content and any likenesses contained in that Content or that you have explicit permission from the
rightsholder to distribute the Content online worldwide.
You agree to not upload anything to which you do not have the permission to distribute or anything that might
be illegal, harmful, pornographic, offensive, racist, constitute or facilitate spam, link generation or any
illegal activity, or be in contravention of any UK or European law or regulation and any other applicable
laws and regulations (including without limitation any local laws or regulations in your country, state,
city, or other governmental area, regarding online conduct and acceptable content, and including all
applicable laws regarding the transmission of technical data exported from the country in which you reside).
Furthermore, you agree that your Content will not contain any malicious code or code that it could in
any way adversely affect the Service, any visitor to the Site or their equipment.
Folissimo expressly does not own or control the Content added to the Service by Users and does not guarantee
the accuracy, integrity or quality of such Content.
You understand that all Content transferred to Us
within the Admin Section (accessed via
http://admin.folissimo.com
) , excluding your email address, password and other private information collected for account administration
and payment purposes,
may be publicly accessible whether or not it has been included in categories of your Folissimo page
(found on the left-hand side of the Admin Section) .
You understand that should you wish to permanently delete any Content,
it must be deleted from the content section within the Admin Section
as removing Content from a category on your Folissimo Page alone
will not remove it from the public domain
.
You understand that when you delete Content, our systems should effectuate the deletion immediately, removing
it from the public domain, however occasionally this may take some time due to caching and backup
processes.
Data Persistence
Folissimo Ltd endeavours, to the best of our ability, to retain all Active Content (Content which you
have transferred to us, but have not expressly deleted) for as long as your account remains active and for
a further 60 days after your account is deactivated. However,
Folissimo is not a backup service
and should not be relied upon as such. It is your responsibility and yours alone to make regular backups of
your Content elsewhere. Folissimo Ltd should not be held liable in any way in the highly unlikely situation
that any of your Content on Folissimo be lost or corrupted (see Limitation of Liability below).
Our Use of Your Content
We aim to minimise our legal control of your Content and will
never claim permanent ownership
. However, in order to host and display your Content we require a Limited License as specified below:
Once you have completed the sign-up process and you are a Registered User, you grant Us a Limited Licence for
the time that your account is active and your Content has not been deleted from the “Content” section of the
Admin Section (found at admin.folissimo.com), to display the Content royalty-free, unrestricted, and
world-wide on any site operated by Folissimo Ltd. Occasionally, your Content may have to be modified in
order to be displayed on certain devices and in certain themes. For this reason, during this limited license,
you allow Folissimo Ltd to reproduce, modify, publish, translate, distribute, perform and display your
Content (in whole or part), and/or to incorporate it in other works in any form, media, or technology
now known or later developed.
Should we wish to incorporate any of your Content in any promotional or marketing materials for any activity
relating to Folissimo Ltd, We will ask your permission first by email and any Content will be attributed
properly to the originator of that Content.
Without limiting any of the above, Folissimo Ltd has the right (but not the obligation) to, in Folissimo Ltd’s
sole discretion refuse or remove any Content that, in Folissimo Ltd’s opinion, violates any Folissimo policy
or is in any way harmful or objectionable, or terminate or deny access to and use of the Service to any
individual or entity for any reason, in Folissimo Ltd’s sole discretion. In such a case, Folissimo Ltd will
have no obligation to provide a refund of any amounts previously paid.
Your Account
Upon Registration, you will receive a Folisismo Account (“Account”). It is your responsibility to ensure the
security of your login credentials and to ensure that you “log out” before leaving your browser unattended.
If you suspect that there has been unauthorised access to your Account please notify our support team as soon
as possible (
[email protected]
). Folissimo Ltd will not be responsible for any loss or damage incurred through a security lapse such as this.
You will be entitled to full use of the Service until the expiration of your Account. The number of days
remaining before your account expires (“Days Remaining”) is displayed in the “Preferences” section
of the Admin Section of the site.
As part of your Account, you will be entitled to create a Folissimo page (“Page”) to display your Content.
To the extent that you are able to modify it, you are solely responsible for the content and layout of your
Page.
Fair Use
We endeavour to provide you with sufficient bandwidth and disk space such that you are able to showcase all your creative work, however in the unlikely situation that you upload more than 3000 images or, over any given two month period, receive more than 100,000 views per month to your Folissimo Page, in order to be able to continue providing a high-quality service to our other users, we reserve the right to restrict your bandwidth, limit your disk space and (or) negotiate a supplement to your Annual Subscription.
Trial Period and Payment
When registering for the Service, you will be offered the option to sign up for a 30 day Trial.
Trial Period
You are only eligible for the 30 day free Trial Period if you have not previously registered on Folissimo.
Trial registration
is limited to one Trial per individual
. We reserve the right to suspend your trial account without notice should we suspect that you have have
previously registered.
If you attempt to sign up to the trial and you have previously registered, but deleted your account, you
will be required to pay for the full Annual Subscription in order to continue using the Service.
Payment
Folissimo is billed either on a recurring subscription basis (monthly or annually) or as a one-off payment.
Payment is processed through Paypal (www.paypal.com), our payment
services provider.
The number of Days Remaining on your account can be found in the “Account” section of the “Preferences” in the
Admin Section.
Each payment that you make will add to your Days Remaining thereby extending your account. Thus, should you
have any existing Days Remaining (for example, you are still within the Trial Period), these Days Remaining will NOT BE LOST.
All Payments are non-refundable subject to the Cooling Period (described below).
After each payment transaction, you will be able to download a printable PDF invoice from within the "Account" section of the
"Preferences"in the Admin Section.
You will be offered the choice of four Payment Plans which are either Subscription Plans or One-off Payments:
a) Subscription Plans:
The "Pay Monthly" and "Pay Yearly" plans use Paypal to bill you automatically on a recurring basis.
There is NO OBLIGATION for you to continue automatic payment and YOU MAY CANCEL AT ANY POINT on the Paypal website
(
www.paypal.com).
See here for a detailed
description of how to cancel a Paypal subscription .
This must be done in advance of the recurring payment date (specified by paypal) to avoid paying for the next period.
In the event that you cancel the Paypal Subscription or that Paypal is unable to retrieve the full funds from you,
your account will remain Active until you have no more Days Remaining although your account will not be extended
unless a new payment is made.
i) Pay Monthly
A recurring monthly subscription in which Paypal will attempt to bill you on the same day of each
month.
Each payment will add one month to your Days Remaining.
ii) Pay Yearly
A recurring annual subscription in which Paypal will attempt to bill you on the same day of each
year.
b) One-off Payments:
One-off payments are single payments which add a fixed number of months to your Days Remaining. There is
no obligation to make further payments.
i) 2 Years
Adds 2 years (24 months) to your Days Remaining.
iv) 5 Years
Adds 5 years (60 months) to your Days Remaining.
Pricing
Current pricing can be found on the
"about page" (www.folissimo.com/about) or from within the Admin section.
We reserve the right to alter, change or update both the prices and the payment options.
For users on either of the Subscription plans ("Pay Monthly" or "pay Yearly") we reserve the right to alter or cancel your
existing subscription, however in advance of any changes to your plan we will give you written warning and explanation of the changes by
email THREE MONTHS in advance of making any changes in which time you may decide either to accept the proposed changes or to Cancel
your existing subscription.
Cooling Period
When making your first payment to Folissimo Ltd for the Service, you have a 14 day “Cooling Period” in which you may
cancel your subscription and receive a full refund. All your Content will be permanently deleted as soon as is
reasonably possible.
This should be done by emailing
[email protected]
within 14 days of your payment.
Cancellation
You may cancel your account anytime you wish. This may be done either by emailing
[email protected]
or by logging into the Admin Section, clicking on “Preferences”, clicking on “Account Settings” and then
choosing “Delete Account”. This will permanently delete all your Content and cannot be undone. A refund of
any Payment can only be requested if you are still in your Cooling Period.
Additionally, if you are currently subscribed to either the "Pay Monthly" or "Pay Yearly" Payment Plan, you must also
cancel your Paypal subscription at www.paypal.com to avoid any unwanted payments -
See here for more information .
Expiration
When you have no more Days Remaining, your account will be disabled and payment of an Annual Subscription will be
requested. Your Content will be moved offline and kept in holding for a further 60 days after which point it will
be permanently deleted. If at any point in the 60 days following your account expiration you decide to Renew, your
Content will be restored.
Affiliate Scheme
Every new User will automatically receive a unique Affiliate Link (found in the “Share and Earn” section of the
Admin Section). We monitor the use of this link. If a User registers for the Service having arrived at Folissimo
using your Affiliate Link, you will receive a number of “Extra Days” which are added to your Days Remaining.
Should the user who signed up to the Trial using your Affiliate Link then proceed to pay for the Annual
Subscription or the Speedy Discount (if appropriate), you will receive a further number of “Extra Days”.
The number of Extra Days which you will receive are specified in the “Share and Earn” section of the Admin Section.
We reserve the right to change the number of Extra Days without notifying you. Extra Days are non-exchangeable and
have no monetary value. There is no limit to the number of Extra Days that you can earn.
Extra Days will only be given in exchange for the Registration of genuine, human users. We reserve the right to
remove your Extra Days and possibly terminate your Folissimo Account should we suspect foul play including, but
not limited to the use of “bots” or other non-human, automated means of registration.
You will be notified by email whenever your Affiliate Link is used to register for Folissimo or to pay for an
Annual Subscription or Speedy Discount. Data related to your Affiliate Link is available on the “Share and Earn”
section of the Admin Section.
Copyright Infringement
Folissimo Ltd take copyright infringement very seriously.
While we endeavour to prevent any copyrighted Content from being distributed unlicensed on Folissimo, there
may be occasions when such Content appears on a Folissimo page. In that eventuality, if you are or represent
the licensee or rights owner, please contact support [at] folissimo [dot] com immediately and the Content will
be removed as soon as is reasonably possible.
Limitation of Liability
In no event will Folissimo Ltd be liable to you for a) any consequential, indirect, special, incidental or
punitive damages, regardless of the form of action, whether in an agreement, tort, strict product liability or
otherwise, even if advised of the possibility of such damages and even if the damages were foreseeable; b) the
cost of procurement of substitute products or services; c) for interruption of use or loss or corruption of
data ; d) or any amount above and beyond the fees paid as part of this Agreement in the preceding twelve
months prior to the cause of action. Folissimo Ltd shall have no liability for any failure or delay due to
matters beyond their reasonable control.
Miscellaneous
Folissimo is provided “as is”. Folissimo Ltd and its suppliers and licensors hereby disclaim all
warranties of any kind, express or implied, including, without limitation, the warranties of merchantability,
fitness for a particular purpose and non-infringement. Neither Folissimo Ltd nor its suppliers and licensors,
makes any warranty that Folissimo will be error-free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services through, Folissimo at your own
discretion and risk.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and
permitted assigns .
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the
parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either
party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive
such term or condition or any subsequent breach thereof.
This Agreement and any access to or use of Folissimo is governed by the law of England and Wales.