This Terms of Service was last updated on Feb 2, 2019
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.
- License and warranty for your submissions to PortfolioGen.
You own the information you provide PortfolioGen under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant PortfolioGen a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to PortfolioGen, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to PortfolioGen, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your PortfolioGen profile information accurate and updated.
- Service Eligibility.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 13 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a PortfolioGen account, (3) are not a competitor of PortfolioGen or are not using the Services for reasons that are in competition with PortfolioGen; (4) will only maintain one PortfolioGen account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of PortfolioGen, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
- Sign-In Credentials.
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your PortfolioGen account to another party; and (5) refrain from charging anyone for access to any portion of PortfolioGen, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact us.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through PortfolioGen.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Premium Services at anytime.
- Sharing Your Content and Information
You own all of the content and information you post on PortfolioGen. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with PortfolioGen. When you publish content or information using PortfolioGen, it means that you are allowing everyone to access and use that information, and to associate it with you (i.e., your name and profile picture).
Limitation of Liability
Neither PortfolioGen nor any of our subsidiaries, affiliated companies, employees shall be cumulatively liable for (a) any damages in excess of five times the most recent active fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from PortfolioGen. This limitation of liability shall:
- Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
- Not apply to any damage that PortfolioGen may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
Rules for Use of the Service
- Conduct Required for Use of the Service
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.
- 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.
- 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.
PortfolioGen (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.
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.