Description of Services
MyFolio provides creatives with an art sharing website to upload, organize & share their works (videos, images, audio & files), create a custom profile & portfolio, and to connect with other artists, employers and the general public. Additional tools & features offered include adding works to your favorites, commenting on uploads, private messaging , public announcements, and more as listed at myfolio.com/features. MyFolio offers three types of accounts:
- Standard Account - this is your free, default account when you join MyFolio.
- Pro Account - this is a subscription based account that you can upgrade your standard account to. Pro accounts offer ALL of MyFolio's tools & features including additional storage space options, ad-free pages & ad-free browsing, ability to publish your portfolio, and file sharing capability (uploading any file type).
- Plus Account - MyFolio Plus is a service offered to Schools, Institutions & Businesses (Organization) that enable them to create a custom MyFolio experience for their own community. Plus members are converted accounts (from standard or pro) that are enrolled through the organization and are accessible through that organizations profile page. All Plus members have the same advantage as Pro members.
Pro (Upgraded) Membership Subscription
You authorize us to bill the payment source you provide to us for all applicable fees. If your payment source is declined at any time (including, but not limited to situations where we seek authorizations or charge attempts), we may make up to two attempts to reprocess your payment source. We reserve the right to disable or cancel your use of the upgraded services immediately. You are responsible for all taxes associated with your use of the service. If we are required to collect or pay any taxes relating to your use of the service, you will be notified and charged for all such taxes. If you are tax exempt, you must provide us with a valid tax exempt certificate authorized from the appropriate taxing authority.
Members Limited License
MyFolio does not claim any ownership rights to any members contributed content (text, videos, images, audios, files). By displaying or posting any content on or through MyFolio, you hereby grant MyFolio a worldwide non-exclusive, royalty-free, limited license to: use, modify, delete, add to, reproduce, publicly perform and/or display members content. MyFolio rights include without limitation distributing part or all of www.myfolio.com and related sub-domains in any media formats through any media channels, except Media (videos, images audios) marked "private". MyFolio and/or other site visitors could possibly copy, print or display publicly available content outside of the MyFolio website and on Third Party media sharing and social websites. Members have the ability to copyright their works through a Creative Commons license; MyFolio makes no guarantees that any member submitted content will remain exclusively on the MyFolio site. Any content that is made available to the public (irregardless of members own authorized copyright) is provided as such at owners own risk with possible unapproved redistribution. If your content is removed (by you or MyFolio) or is set to "Private" or if after your content has been distributed outside MyFolio you change the Content's privacy setting to 'Private', MyFolio will cease any further distribution from MyFolio's domain as content will no longer be accessible to the general public through MyFolio.com. Any content that is public and then becomes private runs the risk of accessible by a direct link to the media (video, image, audio, file) and therefore should be deleted and re-upload to a preset, private gallery. Member Files (non video, image or audio) always remain private unless linked from any in the website or shared on any third party median such as a website, email, blog or social network.
MyFolio.com is a place to talk about all forms of art and creativity. You are expected to be professional and courteous to other fellow members & guests of this community. Please show respect to the opinions and feelings of others. Be aware of your expressions as you are responsible for your words and any harm they may cause. Please keep in mind that the use of the MyFolio.com is a privilege, not a right.
The Following Content (Videos, Images, Audios, Files and Text) are Forbidden:
- Crude, Derogatory or Inappropriate Content Towards an Individual: Harmful, offensive or abrasive comments directed at any individual are held under a zero-tolerance policy. These include remarks directed to an individual or at the work of any individual. Critiques of work displayed are not to include unnecessarily derogatory remarks (aimed at the user or the work itself) in any form.
- Potentially Offensive Topics of Discussions: Such topics which include, but are not limited to, racism, sexism, religion, xenophobia, or homosexuality, are quite simply not allowed. A derogatory, anti-social, or offensive remark aimed at any group of people, with the intention to incite a mass response, is not only considered a crime in most countries, but is also not allowed here. Content of this nature will be removed. If necessary, further action against the offending member such as a website ban may be taken.
- Political Discussion: If you wish to take part in or hold a political discussion, (or other discussions regarding real world heavy hitting topics) please do so for appropriate works & pages. Topics of this sort typically resort in lengthy and emotionally charged arguments that, while important, are generally unrelated to the subject of art and creativity.
- Spamming: While a healthy amount of industry-related advertising is encouraged in the MyFolio.com site, blatant spamming will be removed and the spammer will be dealt with accordingly.
- Pornography: With the exclusion of the tasteful use of nudity in artwork, images depicting pornographic acts including intercourse, masturbation, abuse or bestiality, and/or links to pornographic or offensive websites will not be tolerated under any circumstances.
- Violent or Obscene Imagery: Any work or creations depicting themes such as rape, or any other form of brutality will not be tolerated in any form.
- Piracy / Warez / Serial Numbers: Users that request or advertise warez (or links to warez sites), cracks, serial numbers or illegally copied software documentation are not allowed at MyFolio.com. MyFolio.com does not tolerate or encourage the use of illegally acquired software, or any attempts to justify the use of such software. MyFolio will remove any discussions regarding this subject. Any users that violate this rule will be immediately and permanently banned from MyFolio.
- Plagiarism / Dishonest Portrayal of Work: Plagiarism in any form is illegal and as such will not be tolerated. Please give credit where credit is due. Users found guilty of posting stolen work as their own will have their content removed and be banned immediately.
- Non-Art Related Content: All Media should be art related to some degree. Although an upload may not be artwork, it must be something that further benefits the art community in general.
- Name Squatting: Registering a username for the purpose or intent of profiting, benefiting, and/or sabotaging of another person or business purposefully, including MyFolio, is prohibited. A username that blatantly takes credit from another person or business or their reputation of products and/or services is also prohibited. Registering a generic username that is associated with a website such as "support, faq, shop, blog, etc.." is prohibited. If the username doesn't relate to you specifically, don't register it.
All content (videos, images, audio, files, text) added to MyFolio by a member or website visitor, must adhere to the Digital Millennium Copyright Act (http://www.loc.gov/copyright/legislation/dmca.pdf, the "DMCA").
MyFolio's Designated Agent contact for copyright take-down notices ("Designated Agent") is
Attn: Designated Agent
560 S. Winchester Blvd
San Jose, CA 95128
If you believe that content residing on or accessible through MyFolio infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent (address listed above or by email). The notice must be signed:
- Identification of the item that is claimed to be infringing, including its location (website address), with sufficient detail so that MyFolio is capable of finding and verifying its existence.
- Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number and e-mail address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
MyFolio will respond to valid DMCA requests within 7 business days of receipt. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please send us an email to email@example.com to confirm that we received your original complaint.
Please note that under applicable law any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
After removing access to the material pursuant to a valid DMCA notice, MyFolio will notify both parties (notifying party and copyright infringe) that MyFolio has removed or disabled access to the material. MyFolio reserves the right, in its sole discretion to deactivate and ban any member who is the subject of repeated DMCA notifications.
Submitting a DMCA Counter-Notification:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with MyFolio by providing the following information to the Designated Agent at the address above:
- The specific website address of material that MyFolio has removed or disabled access to.
- Your contact information: name, address, telephone number, and email address.
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- A physical or electronic signature from you.
Upon receipt of a valid counter-notification, MyFolio will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If MyFolio does not receive any such notification within ten (10) days, MyFolio or you may restore the material removed.
MyFolio reserves the right to deactivate any account (standard, pro, plus) with or without written notice. Deactivated accounts can be removed completely from MyFolio as soon as its deactivated or may take some time to be fully removed from the system. Once deactivated, there is no gurantee that the account can be brought back online including the username, account data, content, media (videos, images, audio, files) or any account information including account settings, favorites, contacts, comments or messages.
A member who's account has been deactivated may be banned from re-using or re-registering an account at MyFolio's discretion.
Indemnity & Liability
You will indemnify, defend, and hold harmless MyFolio and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on MyFolio.com and affiliated websites; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content contributed to MyFolio violates any law or infringes any third party right, including any intellectual property or privacy right.
MyFolio reserves the right to modify MyFolio services offered by adding, removing or adjusting any existing tools & features. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to MyFolio. MyFolio has no obligation to screen or monitor any content and does not guarantee that any content available on MyFolio.com or any third party affiliate complies with this Agreement or is suitable for members and website visitors.
MyFolio.com is provided in an "as is" and "as available" basis. You therefore use MyFolio at your own risk. MyFolio expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties that might arise under any law.
MyFolio makes NO representations or warranties to the following:
- Access to MyFolio in your jurisdiction (service provider, organization, country, etc.);
- MyFolio will be uninterrupted or error-free;
- Online 100% of the time;
- Accuracy of any content submitted by any member or website visitor;
- Any third party's use of content that you submit;
- That any content you submit will be made available or accessible on MyFolio;
- MyFolio tools & features will meet your creative or professional needs;
- MyFolio will continue to support any particular tool or feature (past, present or future);