Terms and conditions

 

INTRODUCTION

 

THIS LEGAL AGREEMENT BETWEEN YOU AND LES PRODUCTIONS FOLIFOLA SENC GOVERNS YOUR USE OF THE FOLIFOLA.COM WEBSITE SERVICES.

TERMS OF USE

Les Productions Folifola sec  (refered in the following text as is or as Folifola , www.folifola.com or the Folifola website) is the provider, via the website www.folifola.com, of a service which allows you to send personalized greetings songs and custom-made songs, with images, via email or burned on a CD sent by mail.

This Agreement contains the complete terms and conditions that apply to you in joining, buying, and all other activities you will make in or via our website. By using or shopping from this website, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.  

 

 

Use of the site & PROHIBITIONS

 

The Site allows you to shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system. You must not transmit any worms or viruses or any code of a destructive nature.

 

INTELLECTUAL PROPERTY

All content found on the Folifola website, including but not limited to the songs, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the services, contains proprietary information and material that is owned by Folifola and/or its licensors and/or partners and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of our services in compliance with this Agreement. No portion of the Folifola website may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Folifola services and products in any manner, and you shall not exploit our services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, Folifola senc and its licensors and partners reserve the right to change, suspend, remove, or disable access to any of our products, content, or other materials comprising a part of our services at any time without notice. In no event will Folifola be liable for making these changes. Folifola may also impose limits on the use of or access to certain features or portions of the Folifola website, in any case and without notice or liability.

All copyrights in and to Folifola.com (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Folifola and/or its licensors, and/or partners who reserve all their rights in law and equity. THE USE OF THE WEBSITE OR ANY PART OF THE FOLIFOLA SERVICES, EXCEPT FOR USE OF THE SERVICES AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Folifola, the Folifola logo,   trademark, service mark, graphics used in connection with the Folifola.com Services are trademarks or registered trademarks of Les Productions Folifola senc. in Canada, the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Folifola website and services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. For further information contact us at info@folifola.com.

 

WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY

 

Even though with put many efforts in providing quality content on this website, inexact information or typographic errors may occur. Folifola and it's partners may not be held responsible for such errors.

 

Unless otherwise specified the articles, reviews, personnal informations submitted in the ordering process of a custom-made song, or other text or images  submitted by visitors of the website (further refered to as submitted material) and diffused on or through  this website is a reflection of the personnal opinion of its author or user and are not in any way endorsed by Folifola senc or its partners and/or licensors which may not be held responsible for the content or material submitted on or through this website.

 

Folifola may provide links to third-party websites as a convenience to you. You agree that Folifola is not responsible for examining or evaluating the content or accuracy and Folifola  does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Folifola is not in any way responsible for any such use by you.

SUBMITTED MATERIAL

By submitting personnal information on our website, as required for the ordering of a custom-made song, and/or videos, and/or images and/or testimonies you are agreeing to allow Folifola to use all submitted material for the purpose it is being submitted for. Folifola will not authorize any use of the submitted material by any third party and/or for any other purpose or use. However any material submitted through and on our website becomes property of Folifola and may be use in all medias known and unknown to this day without limitation of time and/or territory.

You further agree that Content you submit on or through our website and its services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material. You also agree that  the content you submit on or through our website will not contain any diffamatory or offensive material towards anybody. Folifola shall not be held responsible for any violation regarding the use of third-party copyrighted material but may take action towards the proper authorities if notified of any violation of copyrighted material. Should any legal action be taken against Folifola in regards to violation of any rights stated below , you agree to take in charge and compensate Folifola for any expenses, fees or reasonable costs encountered by Folifola  in regards to such legal actions and/or pursuit.

ANONYMOUS AND NON-PERSONNAL INFORMATION.

 

When visitors navigate and/or use our website, Folifola collects anonymous information. Anonymous information is information that may be collected by web browsers and servers, but that cannot be traced to a specific personal identity (for example, browser type, language preference, referring site, or the date and time of visitor requests). Folifola may use this anonymous information to collect and publish aggregate statistics, including statistics about the behavior of its website visitors. Folifola may store this information on its servers or elsewhere for an indefinite period of time. Personal information is information that can be used to establish the identity of an individual user (for example, your name, address or phone number). Other than as described below, Folifola does not disclose personal information.

 

Cookies
Like most interactive web sites Folifola's website may use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies

 

Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

 

Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third party.

 

IP Address. An Internet Protocol (“IP”) address allows web servers to identify your computer by a unique string of numbers assigned to your computer. Folifola collects IP addresses but does not use the information to identify its visitors, other than to collect demographic information, help diagnose problems with our server, administer the Site, display the website in the most popular language in designated area (french or english), display prices in appropriate currency (amongst those available on website) or as otherwise described in this Policy.

 

 

YOUR ACCOUNT

 

In order to purchase products from www.folifola.com website you will be required to establish an account. For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded and/or sent via email under your account. 

 

You agree to provide accurate and complete information when you register with us, and as you use our services through our website, and you agree to update your registration data to keep it accurate and complete. You agree that Folifola may store and use the registration data you provide for use in maintaining and billing fees to your account.

Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Folifola of any security breach of your Account. Folifola shall not be responsible for any losses arising out of the unauthorized use of your Account.

 

Payments AND PROCESSES OF INVOICES

 

Depending on the currency used to purchase the final amount of the transaction displayed on the Paypal website may vary slightly from prices displayed on the Folifola website. This variation is due to differences in the sources used by Paypal and Folifola for currency conversion.  

 

 

Folifola has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Folifola prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. Folifola has all the discretion to cancel or deny orders. Folifola is not responsible for pricing, typographical, or other errors in any offer by Folifola and reserves the right to cancel any orders arising from such errors. Invoices must be paid upon reception in order to receive product.

 

 

ELECTRONIC CONTRACTING

Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

 

Refund Policy

We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the applicable laws. 

 

RISK OF LOSS

All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

 

 

Editing, Deleting and Modification

 

We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

 

Acknowledgment of rights

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

 

Fraud

 

FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Folifola shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

 

 

NON-WAIVER

Failure of the Folifola to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

 

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

 

 

FOLIFOLA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME FOLIFOLA MAY INTERRUPT ITS SERVICES OR ACCESSIBILITY TO THE WEBSITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL ITS SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE THE WEBSITE AND ITS SERVICES IS AT YOUR SOLE RISK.  ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE  WEBSITE  ARE (EXCEPT AS EXPRESSLY STATED BY FOLIFOLA) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL FOLIFOLA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF ITS SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FOLIFOLA.COM WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME PROVINCES, STATES, COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH  PROVINCES, STATES, COUNTRIES  OR JURISDICTIONS, FOLIFOLA'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

FOLIFOLA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH ITS SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND FOLIFOLA HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

FOLIFOLA DOES NOT REPRESENT OR GUARANTEE THAT ITS SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND FOLIFOLA DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED OR SENT FOR A LIMITED AMOUNT OF TIMES; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY FOLIFOLA  PRODUCTS PURCHASED AND/OR SENT  FROM THE FOLIFOLA WEBSITE.

 

MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the substantive laws of www.folifola.com, without any reference to conflict-of-laws principles.

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of the Province of Quebec, Canada, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual province, state or country of residence.

The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.