These terms of use are entered into by and between you and InFolk LLC, a Colorado limited liability company (“InFolk,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to, and use of, the services we provide to you, including, but not limited to, your use of our website (www.infolk.co) (“Website”), applications (including, but not limited to, the InFolk application), software, or devices (whether or not purchased by you), and/or in-person services provided to you by our employees, contractors, and agents (all of the foregoing are collectively referred to as the “Services”).
Please read these Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
The Website and Services are not intended for children under 13 years of age. You will not allow your child under such age to access the Website or Services, and you will be solely responsible for all access to and use of the Website or Services by your child under such age. If you are 13 or older but younger than 18, then you may access and use the Website and Services only if your parent or guardian accepts this Terms and Use on your behalf. If you are a parent or guardian agreeing to this Terms of Use for the benefit of a child age 13 or older but under 18, then you agree you will be solely responsible for all access to and use of the Website or Services.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have notice on or before the date the change is posted on the Website or otherwise made known to you.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check the Website frequently so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend the Website, any material we provide to you, or any of the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
You are responsible for both:
To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide in connection with the Services, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Services or portions thereof using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Services, including, without limitation, the Website, and their entire contents, features, and functionality (including but not limited to all information, software, hardware, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by InFolk, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material available through the Services, except:
Further, you must not:
Except as otherwise agreed to by us, you must not access or use for any commercial purposes any part of the Website or any other materials available through the provision of Services.
If you wish to make any use of material provided to you other than as set out in this section, please address your request to: info@infolk.is
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will terminate immediately and you must, at our option, return or destroy any copies of the materials you have made. This requirement is made in addition to any other remedies InFolk may have by contract, at law, or in equity and shall not be interpreted to limit any of other remedy available to InFolk.
No right, title, or interest in or to the Website or Services or any related content is transferred to you, and all rights not expressly granted are reserved by InFolk. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
InFolk’s names, logos, product and service names (including, but not limited to, InFolk), designs, and slogans are trademarks of InFolk or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
You may use the Services only for lawful purposes and in accordance with these Terms of Use and our Privacy Policy. You agree not to use the Services:
Additionally, you agree not to:
InFolk may provide message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) incidental to the provision of the Services.
All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us, our affiliates, and service providers, and each of our and their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not InFolk, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. You hereby waive any claim or cause of action you have or may have against InFolk, its owners, members, managers, officers, employees, and agents for any loss or damage to you, financial or otherwise, in connection with or arising out of any such disclosure by us.
We cannot review all materials before they are posted, and cannot ensure prompt removal of any objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards (collectively, the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please follow the below instructions for sending us a notice of copyright infringement. It is the policy of InFolk to terminate the user accounts of repeat infringers.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website, or that are otherwise provided incidental to the provision of Services by us infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice ") must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
InFolk LLC
Attn: Stephen Redden
1515 W Thomas Ave
Englewood, CO 80110
stephen@marrow.is
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice ") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
General Information Only
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
Third-Party Information
The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by InFolk, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of InFolk. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content available through the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material provided to you may be out of date at any given time, and we are under no obligation to update such material.
All information we collect about you and your use of the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website or application from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission at any time with or without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such resources.
InFolk is based in Colorado, USA. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for download from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE WEBSITE, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE SERVICES, ANY CONTENT PROVIDED INCIDENTAL TO THE SERVICES, AND ANY OTHER ITEMS OBTAINED THROUGH THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY OTHER ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER INFOLK NOR ANY PERSON ASSOCIATED WITH INFOLK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER INFOLK NOR ANYONE ASSOCIATED WITH INFOLK REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY OTHER ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, OR THE SERVER THAT MAKES OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PROVIDED BY LAW, INFOLK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOUR ABILITY TO COLLECT DAMAGES IS EXPRESSLY LIMITED BY THIS SECTION. BY PARTICIPATING IN THE SERVICES, YOU AGREE WAIVE YOUR RIGHT TO ANY DAMAGES EXCEPT AS SET FORTH IN THIS SECTION OR AS PROVIDED BY APPLICABLE LAW. YOU AGREE TO RELEASE INFOLK AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, SUCCESSORS AND ASSIGNS AND ITS AFFILIATES AND THEIR OFFICERS, MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS FROM LIABILITY IN EXCESS OF THE AMOUNT PROVIDED FOR IN THIS SECTION AND YOU EXPRESSLY AGREE TO PERSONALLY ASSUME THE RISK OF PARTICIPATING IN THE SERVICES.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF INFOLK AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, SUCCESSORS AND ASSIGNS, AND ITS AFFILIATES AND THEIR OFFICERS, MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AND SUCCESSORS AND ASSIGNS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $1,000.00 OR THE AMOUNT YOU PAID TO INFOLK FOR THE APPLICABLE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH THE LIABILITY AROSE. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM THE ORDINARY NEGLIGENCE OF INFOLK AND ITS OFFICERS, MEMBERS, MANAGERS, AND EMPLOYEES AND ITS AFFILIATES AND THEIR OFFICERS, MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, AND EMPLOYEES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless InFolk, and its officers, members, managers, and employees and its affiliates and their officers, members, managers, shareholders, directors, and employees and their successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the content offered as part of the Services, your use of the Services themselves, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City and County of Denver. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At InFolk’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in Denver, Colorado, under the Rules of Arbitration of the American Arbitration Association applying Colorado law.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by InFolk of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other terms or condition, and any failure of InFolk to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and InFolk regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
All notices of copyright infringement claims should be sent to the copyright agent designated in the Copyright Infringement above in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@infolk.co.