This Terms of Service was last updated
on MARCH 9, 2011
This is the Portfoliogen web site, the home page of which is currently located at www.Portfoliogen.com.
CG Solutions, LLC is the owner and operator of the Portfoliogen website.
We can be reached by clicking here
The terms and conditions of these Terms of Service (the "Agreement") are applicable to the web sites located at the domain portfoliogen.com (the "Site"). The Agreement sets forth the terms and conditions that apply to your use of the Site and materials offered thereon (together with any successor web site(s), collectively, the "Service") which are offered to you by CG Solutions LLC.
BY USING THE SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICE. USE OF THE SERVICE SIGNIFIES YOUR CONSENT TO THIS AGREEMENT AND THE PRIVACY POLICY.Click here to review the Portfoliogen privacy policy.
SPECIAL NOTE FOR PEOPLE UNDER EIGHTEEN (18) YEARS OF AGE: If you are under eighteen, you must have your parent or guardian review and agree to this Agreement on your behalf by clicking the box marked "I have read and agree with the Terms of Service for Portfoliogen".
CG Solutions LLC reserves the right to change this Agreement from time to time, for any reason, which changes
Portfoliogen may provide to you by any reasonable means, including without limitation by posting the
new version of this Agreement on the Service. We encourage you to bookmark this page and to periodically review
it to ensure familiarity with the most current version of this Agreement. You can determine when this Agreement
was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. When using the Service,
you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to
the Service, which are hereby incorporated by reference into this Agreement.
- (a) Rules for Use of the Service
- (1) Conduct Required for Use of the Service
It is a condition of your use of the Service that you do not:
(i) restrict or inhibit any other user from using and enjoying the Service;
(ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane, indecent or otherwise objectionable information of any kind,
including without limitation, any images or other material depicting Nudity as herein
defined; (iii) post or transmit comments containing harassing or offensive language,
including sexual references, sexual nicknames, racial slurs, hate propaganda,
hate mongering, swearing, or rude or deliberately offensive comments, or engage in
disruptive activities online, including excessive use of scripts, sound waves,
scrolling (repeating the same message over and over), or use of viruses, bots, worms,
Easter eggs, time bombs, spyware, Trojan horses or any other computer code, file, or
program that is harmful or invasive or may or is intended to damage or hijack the
operation of, or to monitor the use of, any hardware, software or equipment;
(iv) post or transmit any information, software or other material that is fraudulent or
tortious or that violates or infringes the rights of others, including material that violates
privacy or publicity rights, or infringes copyright, trademark or other proprietary rights,
without first obtaining permission from the owner or right holder, including WAREZ
(copyrighted material distributed without permission);
(v) post or transmit any information, software or other material that contains a virus or
other harmful component; (vi) post or transmit content that encourages or provides
instructional activities about illegal activities, in particular hacking, cracking or
phreaking; (vii) post, transmit or in any way exploit any information, software or other
material for commercial purposes or that contains advertising, "junk mail," "spam,"
"chain letters," "pyramid schemes", investment opportunities or any other forms of
solicitations; (viii) solicit other users to join, become members of, or contribute money
to any online service or other organization, advocate or attempt to get users to join in legal
or illegal schemes or plan or participate in scams involving other users; (ix) impersonate
any person or entity or falsely state or otherwise misrepresent your professional or other
affiliation with any person or entity; (x) resell, redistribute, broadcast or transfer the
information or use the information derived from the Service in a searchable, machine-readable
database; (xi) use the Service to collect personally identifying information about users of
the Service in violation of our Privacy Policy; (xii) disguise a file type to thwart
CG Solution's detection processes; (xiii) post or transmit any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national or international law; (xiv) attempt to gain
unauthorized access to other computer systems or networks connected to the Service,
(xv) remove any copyright, trademark or other proprietary rights notice from the Service or
materials originating from the Service; or (xvi) frame or mirror any part of the Service
without CG Solutionā??s express prior written consent. For the purposes of this Agreement,
"Nudity" shall include, without limitation, images depicting persons with unclothed
genitalia or persons wearing transparent clothing over genitalia.
You agree that you will not use the Service, including the information provided therein
and all related equipment, networks and network devices (specifically including Internet
access) for any unlawful purpose. CG Solutions, at its sole and absolute discretion, shall
determine whether any information transmitted or received violates this provision.
You may not use any Material in connection with any site or other use that contains
or is associated with information or content prohibited by this section.
Except as otherwise expressly permitted by this Agreement or under applicable law,
you may not decompile, reverse engineer, disassemble or reduce any portion of the
Service to a human-readable form, or attempt to do any of the above. In accordance with
mandatory statutory rights, you may decompile any portion of the Service and use such
decompiled portion if, and only to the extent that, such decompilation is necessary to
obtain the information necessary for an independently created program to be interoperable
with the relevant portion of the Service or with another program, and the information so
obtained is not used for any other purpose; provided always that prior to such decompilation you have requested the relevant information in writing to Portfoliogen and Portfoliogen has not provided the information within one month of your written request.
- (2) Monitoring
Portfoliogen has no obligation to monitor the use of the Service by members. You acknowledge and agree that Portfoliogen reserves the right to, and may from time to time, monitor any and all information uploaded to this Service for operational or other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy and applicable privacy laws and regulations. Use of the Service constitutes consent to such monitoring. Furthermore, Portfoliogen reserves the right at all times to refuse to post, alter or remove any information or materials, in whole or in part, that in Portfoliogen's sole and absolute discretion are objectionable or in violation of this Agreement. In addition, Portfoliogen reserves the right at all times to disclose any information posted on any portion of the Service as necessary in order to operate the Service, to protect CG Solutions LLC, its parent or subsidiary companies, its affiliates and their respective directors, officers, employees and agents and the Serviceā??s users, to satisfy any law, regulation or governmental request or to enforce this Agreement.
- (3) License
By uploading files, inputting data, submitting content or engaging in any other form of communication (a "Communication") through the Service you are granting CG Solutions LLC a royalty-free, irrevocable, transferable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense (through multiple tiers), adapt, edit, modify, translate, reformat, distribute, transmit, publicly perform, display, reproduce or create derivative works from any such Communication in any form of media or technology now known or later developed or invented, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of CG Solutions LLC. For each Communication, you represent and warrant that you have all rights necessary for you to grant the license granted in this section, and that such Communication, and your provision thereof to and through the Service, complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Communication that you may have under any applicable law under any legal theory.
- (4) Content on the Service
Communications posted through the Service may be provided by users such as you who are unaffiliated with Portfoliogen, and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not Portfoliogen, are entirely responsible for all Communications that you upload, post, email or otherwise transmit to or via the Service. In using the Service or receiving e-mail messages from members through the Service, you should not assume that such messages have been reviewed by Portfoliogen, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. CG Solutions LLC neither endorses nor is responsible for any opinion, advice, information or statements made in the Communications by third parties. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will CG Solutions LLC be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed, or otherwise transmitted via the Service. The opinions expressed in the Communications reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of CG Solutions LLC.
You are solely responsible for your
Portfoliogen Account information,
employer account information or job
postings, Profile, content (including,
without limitation works in any form,
media, or technology whether now known
or later developed), messages, audio,
video, photos, text, images, compilations
or other information ("User Content")
that You post on any Portfoliogen
Site or transmit to other Users. You
agree that in submitting User Content
or otherwise using any Portfoliogen
Site that you will not impersonate
any person, or submit any materials
to Portfoliogen that are false, inaccurate,
misleading, unlawful, or are otherwise
in violation of your obligations under
these Terms.
By posting User Content and uploading files
to the Portfoliogen Site, including without
limitation, message boards, Profiles,
forums, contests and chat rooms, teacher
portfolios, You automatically grant
to CG Solutions LLC and its affiliates
an irrevocable, royalty-free, perpetual,
fully paid non-exclusive right (including
moral rights) and worldwide license
to use, copy, reproduce, modify, adapt,
publish, translate, communicate to
the public, perform, display, and
distribute such User Content (in whole
or in part) and to prepare derivative
works of, or incorporate into other
works (in any form, media or technology
now known or later developed, for
the full term of any rights that may
exist in such content) such User Content,
and to grant and authorize sublicenses
thereof (through multiple tiers).
You also represent
and warrant that You have the right
to grant or that the holder of any
rights, including moral rights in
such content, has completely and effectively
waived all such rights and validly
and irrevocably granted to You the
right to grant, the license stated
above. If you post User Content to the Portfoliogen Site,
You also permit any User to access,
display, view, store and reproduce
such User Content for personal use.
Subject to the foregoing, the owner
of such User Content placed on any
Portfoliogen Site retains any and all rights
that may exist in such User Content.
Portfoliogen.com acts
as a passive conduit for the online
distribution and publication of User
Content and has no obligation to screen
User Content, communications or information
in advance and is not responsible
for screening or monitoring User Content
posted by Users. However, Portfoliogen may review and remove any
User Content that, in its sole judgment,
violates these Terms, violates applicable
laws, rules or regulations, is abusive,
disruptive, offensive or illegal,
or violates the rights of, or harms
or threatens the safety of, Users
of any Portfoliogen Site.
Portfoliogen reserves the
right to expel Users and prevent their
further access to the Sites
and/or use of Portfoliogen services for
violating the Terms or applicable
laws, rules or regulations. Portfoliogen may take any action with
respect to User Content that it deems
necessary or appropriate in its sole
discretion if it believes that such
User Content could create liability
for CG Solutions LLC, damage Portfoliogen’s brand or public
image, or cause Portfoliogen
to lose (in whole or in part) the
services of its ISPs or other suppliers.
CG Solutions LLC does
not represent or guarantee the truthfulness,
accuracy, or reliability of User Content
or any other communications posted
by Users or endorse any opinions expressed
by Users. You acknowledge that any
reliance on material posted by other
Users will be at your own risk.
The following is a
partial list of User Content that
is prohibited on the Portfoliogen
Sites. The list below is for illustration
only and is not a complete list of
all prohibited User Content.
Content that:
- is implicitly or
explicitly offensive,
such as User Content
that engages in,
endorses or promotes
racism, bigotry,
discrimination, hatred
or physical harm
of any kind against
any group or individual;
- harasses, incites harassment or
advocates harassment of any group
or individual;
- involves the transmission of "junk
mail", "chain letters," or
unsolicited mass mailing or "spamming";
- promotes or endorses false or
misleading information or illegal
activities or conduct that is abusive,
threatening, obscene, defamatory
or libelous;
- promotes or endorses an illegal
or unauthorized copy of another
person's copyrighted work, such
as providing or making available
pirated computer programs or links
to them, providing or making available
information to circumvent manufacture-installed
copy-protect devices, or providing
or making available pirated music
or other media or links to pirated
music or other media files;
- contains restricted or password
only access pages, or hidden pages
or images;
- displays or links to pornographic,
indecent or sexually explicit material
of any kind;
- provides or links to material
that exploits people under the age
of 18 in a sexual, violent or other
manner, or solicits personal information
from anyone under 18; or
- provides instructional information
about illegal activities or other
activities prohibited by these Terms,
including without limitation, making
or buying illegal weapons, violating
someone's privacy, providing or
creating computer viruses or pirating
any media; and
- solicits passwords or personal
identifying information from other
Users.
- (5) Personal Safety
When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Please note that CG Solutions LLC has no control over, and shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any Communication or any other part of the Service. If you choose to make any of your personally identifiable or other information publicly available on the Service, you do so at your own risk.
- (b.) Our Subscription Services
- (a.) No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- (b.) Customer Support
All customer support for the Service will be conducted solely online and/or via by clicking here
- (c.) Limitation of Liability
IN NO EVENT SHALL CG Solutions LLC, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, Portfoliogen'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CG SOLUTIONS LLC, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CG SOLUTIONS LLC, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
- (d.) Indemnification
You agree to defend, indemnify and hold harmless CG Solutions LLC, its parent or subsidiary companies, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
- (e.) Termination
CG Solutions LLC may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the Materials and/or Content contained in, or accessed through, the Service, (v) tampering with or alteration of any of the Materials and/or Content contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which CG Solutions LLC may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate.
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