Terms of Service

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://unusuallight.com website (the “Service”) operated by Unusual Light (“us”, “we”, or “our”) formerly known as foliosites (http://foliosites.co.uk).

 

Acceptance of Terms

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

 

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

 

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

 

As the account holder you are also responsible for any additional users on your account.

 

Service

The Unusual Light Service is web-based and allows it’s account holders to upload content to their personal Unusual Light Portfolio Website. The service includes regular backups of account information, email support and email newsletters.  Any fees incurred in connecting to the Unusual Light Portfolio Website through the World Wide Web, including modem connections and access devices are not included in the annual fee.

 

Payment

By Signing up to our service you agree to pay an annual fee to Unusual Light.
The annual fee is subject to change. Upon any changes to the fee you will have 30 days to cancel your recurring subscription and thus your account.

All prices are inclusive of VAT.

By Signing up you agree to create a PayPal subscription for annual payments, by cancelling this subscription you agree to cancel your account and the service.

 

Rights to cancellation and termination of service

You are free to cancel your Unusual Light service at any time, you can do so via your control panel, or via contacting Unusual Light. It remains your responsibility to ensure that any payment subscriptions are also terminated from your payment accounts (such as PayPal).

You have a 10 working day guarantee period (starting from your sign up date) where, should you deem the Unusual Light service not to be what you require (for any reason) you are free to request cancellation and receive a full refund of your first subscription fee (which can take up to 2 weeks to process).

It is the users responsibility to inform Unusual Light of their wish to cancel their account and service.

Upon cancellation and termination of service your files and accounts will be deleted but will be kept as part of our back up archives for a maximum of 1 year.

 

Your Content

You agree that you will not:

(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, including, but not limited to, an Unusual Light representative or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

(g) upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;

(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(j) intentionally or unintentionally violate any applicable local, state, national or international law,

(k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;

(l) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) Unusual Light determines, in its sole discretion, is inappropriate for sale through the Service provided by Unusual Light;

(n) solicit passwords or personal identifying information for commercial or unlawful purposes from other users;

(o) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content;

If any user is reported to be in violation with the letter or spirit of these terms, Unusual Light retains the right to terminate such account at any time without further warning.

 

Use of your content

By uploading or adding content to your Unusual Light Portfolio Website you agree to grant the following permissions to Unusual Light:

(a)  The right to display your content on the World Wide Web via your chosen sub domain name, any custom domain names you have added and the main Unusual Light website through it’s explore features

(b)  The right to make copies of your work for the purpose of (i) data backups, (ii) resizing images as defined by your settings on your account

(c)  A sublicense which will allow Unusual Lights hosts to make backups of your data where necessary.

(d)  A transfer of these licenses to a third party should Unusual Light ever be sold.

(e) The ability to track visitors analytics data on your website for the sole purpose (i) supplying you with visitor analytic data, (ii) help track error reports and user behaviour across the entire service.

Your Personal Data

By signing up to the service you agree that we will be able to hold the supplied personal data from you until a time which you request us to cease this information. This information will be used for our mailing list, subscription service as well as your account.

This information will not be passed onto a third party without your prior permission.

 

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Unusual Light.

Unusual Light has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Unusual Light shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

Disclaimer of warranties

You expressly understand and agree that:

(a) your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Unusual Light expressly disclaims all warranties of any kind, whether express or implied.

(b) Unusual Light will make reasonable efforts to maintain the service, however, Unusual Light is not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, mis-delivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorised use due to your sharing of access to the service, or other interaction with the service.

(c) any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

(d) Unusual Light is no responsible for any of your intellectual property or copyrighted material being used without permission from this service or your account.

 

Contact Us

If you have any questions about these Terms, please contact us.