Effective as of January 24, 2019
We (the folks at Ideaform) run a Portfolio hosting service called format.com and would love for you to use it. Our service is a paid monthly or annual subscription. Our service allows you to create your own Portfolio website (each, a “Portfolio”), and is designed to give you as much control and ownership over what goes on your Portfolio as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your Portfolio or get linked to from your Portfolio (things like spam, viruses, or hate content).
You can check our Spotlight to get a sense of the types of Portfolios that are welcome on our service (or not!). If you find a format.com Portfolio that you believe violates our terms of service, please email us at [email protected]
In these terms and conditions, when we refer to “Users”, we mean our customers who use our Services to create their own Portfolios, and when we refer to “End Users” we mean the users, visitors and customers of our Users’ Portfolios.
Please read the Agreement carefully before accessing or using the Application. By accessing or using any part of the Application, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access the Application or use any of our Services. If these terms and conditions are considered an offer by Ideaform, acceptance is expressly limited to the Agreement. The Application may be used only by individuals who are at least 16 years old.
Your Account and Portfolios. If you create a Portfolio on the Application, you are responsible for maintaining the security of your account (your “Account”) and Portfolio, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Portfolio. You must not describe or assign keywords to your Portfolio in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Ideaform may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Ideaform liability. You must immediately notify Ideaform of any unauthorized uses of your Portfolio, your Account or any other breaches of security. Ideaform will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate a Portfolio, post material to the Application, post links on the Application, engage in eCommerce (as defined below) using the Services, or otherwise make (or allow any third party to make) material available by means of the Application (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content and your eCommerce. That is the case regardless of whether the Content in question constitute graphics, text, an audio file, or computer software. By making Content available or engaging in eCommerce using the Services, you represent and warrant that:
Without limiting any of those representations or warranties, Ideaform has the right (though not the obligation) to, in Ideaform’s sole discretion (i) refuse or remove any Content that, in Ideaform’s opinion, violates any Ideaform policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Application or any part thereof, including any Portfolio, to any individual or entity (including any End User) for any reason, in Ideaform’s sole discretion. Ideaform will have no obligation to provide a refund of any amounts previously paid.
Your Licenses to Us. By submitting Content to Ideaform for inclusion on your Portfolio, you grant Ideaform a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purposes of (i) displaying, distributing and promoting your Portfolio, and (ii) promoting the Application or any part of it, our company, our other products and our Services, and the format.com community. If you delete Content, Ideaform will use reasonable efforts to remove it from the Portfolio and our promotional materials, but you acknowledge that caching or references to the Content may not be made immediately unavailable, and that we may use supplies of previously printed materials. For clarity, the rights granted to us in clause (ii) of this paragraph to use your Content for promotional purposes do not permit us to sell or license or otherwise directly profit from your Content, or to transfer or sublicense our rights in your Content to any other person except for the limited purpose of using their services to prepare our promotional materials and works, and you may opt out of our rights in clause (ii) at any time by contacting us at our contact information shown at the bottom of the Agreement (provided that if you do opt out, we will use reasonable efforts to remove the Content in a timely manner from our promotional materials but such removal may not be immediate). This Section does not affect any rights you may have under applicable data protection laws.
Data Processing Policy. Our Data Processing Policy forms part of the Agreement.
You Must Comply with Data Protection, Security and Privacy Laws. You agree and warrant that you are solely responsible when using your Portfolios or the Services for complying with applicable data protection, security and privacy laws and regulations (including, where applicable, the EU General Data Protection Regulation and the EU e-Privacy Directive/Regulation), including any notice and consent requirements. This includes without limitation the collection and processing by you of any personal data, when you use your Portfolios and the Services to send marketing and other electronic communications to individuals and when using cookies and similar technologies on your Portfolios (including, in particular, those which we place for you at your request as part of the Services, such as to undertake analytics for you).
Payment and Renewal.
By using any of the Services you agree to pay Ideaform the one-time, monthly or annual subscription fees indicated on the Application for those Services, and any Taxes (as defined below) applicable to those fees. Payments will be charged on a prepay basis on the day any trial period ends and will cover the use of those Services for the subscription period (if any) indicated. Subscription fees are subject to our Refund Policy. The fees for using a subscription Service will not change during the applicable subscription period, but are otherwise subject to change at any time. If we change our fees, we will give our Users at least 30 days’ notice by email to the email address provided to us in their Account information. We may from time to time offer promotions, such as our DNS promotion, that require a minimum term of service, and if you cancel or downgrade your Account before the expiry of that minimum term we have the right to charge you a termination fee equal to a pro rata portion of any promotional amount (and you authorize us to charge any such amount to you through the applicable Payment Processor). Further details of these promotions and the applicable minimum term are described on the applicable pages of our website.
Unless you notify Ideaform before the end of the applicable subscription period that you want to cancel your Portfolio and your Account with us or we give you such notice, your subscription will automatically renew and you authorize us to collect the then-applicable fees for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Portfolios can be canceled at any time by contacting Ideaform at [email protected]
Our Payment Processors
Your Responsibility for your Portfolios and your End Users. Your Portfolios may have their own End Users. You understand and agree that your Portfolios and your End Users are your responsibility, and you’re solely responsible for compliance with any laws or regulations related to your Portfolios and/or your End Users. We’re not liable for, and won’t provide you with any legal advice regarding, your Portfolios or your End Users.
Your Responsibility as a User of the Services. Ideaform has not reviewed, and cannot review, all of the material, including computer software, posted to the Application, and cannot therefore be responsible for that material’s content, use or effects. By operating the Application, Ideaform does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Application may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Application may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Ideaform disclaims any responsibility for any harm resulting from the use by visitors of the Application, or from any downloading by those visitors of content there posted.
Domain Names. For the domain name registration services (the “Domain Services”) that we provide to you, the following terms and conditions in this Section also apply (the “Domain Terms”). Your use of the Domain Services provided by us serves as your consent to the Domain Terms. Some of our service packages include us registering an Internet domain name or renewing your existing domain name (the “Domain Name”) on your behalf. For the purpose of procuring and/or maintaining domains, we will act only as the agent between you and the domain name service provider responsible for domain name allocation (the “Registrar”), which will be OpenSRS.com (sponsoring registrar: Tucows.com Co.). All new registrations and subsequent renewals of those registrations will therefore also be subject to the terms and conditions contained in the OpenSRS.com master domain registration agreement located here (the “Master Domain Registration Agreement”), as it may be amended from time to time, and also to such other agreements applicable to those registrations or to the related services you purchase from us that Tucows.com Co. posts on its website from time to time, and in the case of a .ca registration, also to the CIRA Registrant Agreement that CIRA posts on its website from time to time (all such agreements, together with the Master Domain Registration Agreement, the “Registrant Agreements”) to the same extent as if all of the terms and conditions of all of the Registrant Agreements were set forth in their entirety in the Agreement. References in the Master Domain Registration Agreement to “Tucows” shall, for the purposes of the Agreement, mean both Tucows.com Co. and Ideaform, severally, and references in the Master Domain Registration Agreement to “Reseller” shall mean Ideaform. Your breach of the terms and conditions of the Registrant Agreements is a breach of the Agreement. We reserve the right to utilize another domain name service provider at any time, in which case the terms and condition of such organization will apply to these Domain Terms and such other domain name service provider shall be deemed a “Registrar” for purposes of the Agreement.
If you register a domain name, you become the Registered Name Holder (the “Registrant”) for that domain. The Internet Corporation for Assigned Names and Numbers (ICANN) has set forth various rights and responsibilities of Registrants over the registration and use of a registered Internet domain name. Further information about ICANN’s policies and materials for Registrants is available on the ICANN website:
As a Registrant you agree to receive email notices from the Registrar and/or us that alert you to your upcoming and recent domain renewals and expiries. In particular, these notices will be sent thirty (30) and five (5) days before a renewal and three (3) days after an expiry.
In addition, if you purchase “registry lock” services from us in relation to a .com or .net domain name, you agree to the applicable terms of service listed on Verisign’s website, and if you purchase them for a .ca domain name, you agree to the applicable terms of service listed on CIRA’s website.
We may from time to time run promotions in which we provide one (1) free domain name for up to one year (or other applicable promotional period). The domain will be registered in your name and, subject to the Agreement, is yours to keep, as long as you cover any applicable domain registration fees following the promotional period. Any such promotion may include terms and conditions, and all such promotions only apply to certain top-level domains (e.g. .com, .net, and .org), and only apply when you are signing up for a new plan. We have the right to apply other restrictions if we believe that a promotion is being abused or misused.
You are responsible for providing correct and complete data regarding the domain name holder (“Registrant”) and the administrative contact when registering the domain name. The technical contact in all cases will be Ideaform Inc. Before applying for a domain name, it is your responsibility to check that the domain name does not violate the rights of any third party or contravene any applicable law, rule or regulation, and that you are eligible to apply for and hold that domain name. We may defer activation of a domain name until payment of the agreed fees for the registration services has been received. You acknowledge that there may be a delay before the configuration of your domain name propagates through the Internet. We are in no position to influence the allocation of the domain name by the Registrar. We can neither guarantee that the requested domain names will be allocated to you and/or that allocated domain names are free of third-party rights nor guarantee their continued existence. Any information we provide regarding the availability of a domain name is based on the data provided by third parties and only refers to the time that information is requested. The domain will not be deemed as allocated before registration of the domain in the name of you, the Registrant, and its entry in the database of the Registrar.
The initial registration term for purchased domains may vary and such registration will auto-renew for renewal terms that may also vary. You will be charged for auto-renewal on the applicable default renewal cycle forty-five (45) calendar days before your domain expires (even if that date differs from your Portfolio or Account website subscription renewal date). You can, of course, opt out of auto-renewal by turning off the auto-renew option in your settings at any time before the auto-renewal takes effect. Each purchased domain name is registered in your name and, subject to the Agreement, is yours to keep, as long as you pay the applicable fees. Your right and title to your domain name allows you to transfer a purchased domain to another domain provider; however, you will not be eligible for a refund of registration fees paid to us for transferred domains. Regardless of the identity of the Registrant or any other contact information in your domain name records, any domain name registered through us using your Account is covered by the Agreement.
Maintaining accurate and current billing information is a mandatory condition of maintaining your Account. Such data must include the full and real name of the Registrant, a physical mailing address (PO boxes or anonymous addresses are not permissible), a valid email address and telephone number. If this information changes, you must immediately inform us of this change by updating it online. Please note that if your billing information, including your current credit card information, is not current, we will not renew your Domain Services and they may subsequently expire.
Subject to the Agreement and those of the Registrar, you may transfer all domain names registered through us to another domain name service provider by following the instructions that we provide. Should we, due to your failure on the part of you, the account holder, or the new domain name service provider, be unable to make the domain transfer to your new domain name service provider, we are expressly entitled to have the cancelled domain name deleted by the relevant domain name service provider after the cancellation date has lapsed, and we will not be liable to you or any third party for such deletion. We reserve the right to allow domain transfers only if you have settled all undisputed pending claims with us.
It may not always be possible to recover a domain name after it has expired, and we have sole discretion in determining when a domain name can be renewed post-expiry and what fees will be applicable. If you forfeit a domain name for non-payment, we will have the right, in our sole discretion, to: (a) register and use the domain name for its own purpose; (b) sell or transfer the domain name to a third party; or (c) delete the domain name and allow any new registrant anywhere in the world to register the domain name anew. Further, you agree that we may charge the credit card you have on file with us to recover any amounts outstanding on your account.
On certain occasions, domain name registrations may become the subject of a legal challenge. If we are made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all of our costs and legal fees and to indemnify and hold us harmless from any action. If we are notified that a complaint has been filed with a judicial or administrative body regarding your domain name, we may, at our sole discretion: (a) lock or suspend your ability to use, make modifications to, or transfer your registration records; and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.
You must notify us immediately if you lose the rights to a domain name registered by us on your behalf.
Third Party Services. The Services are integrated with various third party services and applications (collectively, “Third Party Services”) that may make available to you their content and products. Examples of Third Party Services include social media platforms, eCommerce Payment Processors (as defined below), our Payment Processors, stock images and email service subscriptions for sale via the Services and other integration partners and service providers. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result (except where prohibited by applicable law).
Copyright Infringement. As Ideaform asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Application violates your copyright, you are encouraged to notify Ideaform at the contact information below. Ideaform will terminate a visitor’s access to and use of the Application if, under appropriate circumstances, the visitor is determined to be an infringer of the copyrights or other intellectual property rights of Ideaform or others. In the case of such termination, Ideaform will have no obligation to provide a refund of any amounts previously paid to Ideaform.
Intellectual Property. The Agreement does not transfer from Ideaform to you any Ideaform intellectual property, or any third party intellectual property that we provide through the Application, and all right, title and interest in and to all such property will remain (as between the parties) solely with Ideaform. Ideaform, format, format.com, the format.com logo, and all other trademarks, service marks, graphics and logos used in connection with format.com or the Application are trademarks or registered trademarks of Ideaform or Ideaform’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Application may be the trademarks of other third parties. Your use of the Application grants you no right or license to reproduce or otherwise use any Ideaform or third-party trademarks.
Feedback. We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after the Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
Your eCommerce on the Application.
eCommerce Responsibilities. The Services include features that enable you to provide or sell products and services to, or otherwise collect payments from, your End Users (such activities, “your eCommerce”). We’re not a party to, and we aren’t liable for, your eCommerce. You're solely responsible for your eCommerce, and compliance with any laws or regulations related to it, including without limitation the following:
Taxes. You're solely responsible for: (a) all applicable national, provincial, state, local or other taxes (“Taxes”) and fees associated with your eCommerce, including without limitation any Taxes related to the purchase or sale of products or services in connection with your eCommerce; (b) collecting, reporting and remitting required Taxes to relevant government authorities; (c) informing your End Users of required Taxes, and providing them with invoices as required by applicable law; (d) monitoring distance sales thresholds in the EU and other indirect Taxes (such as value-added tax or goods and services tax) and registration thresholds in the countries where you have customers or where you ship goods to or provide services to; and (e) registering for indirect Taxes in countries where you are required to register. You also agree that any tax estimates, reporting or related materials that we may provide via the Services are for illustration purposes only, and you may not rely on them to comply with your tax obligations. We do not give tax advice, and nothing we say should be interpreted as such.
Fulfillment and Delivery. You're solely responsible for fulfilling and delivering your products and services to your End Users.
Claims and Warranties. You're solely responsible for any claims or warranties you make in connection with your eCommerce and any claims made by End Users against you.
Customer Service. You're solely responsible for handling any comments or complaints related to your eCommerce, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information on your Portfolios so that your End Users can submit comments or complaints to you.
Consumer, eCommerce and other Laws. You are also responsible for complying with any consumer, eCommerce and related laws.
eCommerce Restrictions. You may not offer or sell any products or services which, in our sole discretion,: (a) we consider hazardous, counterfeit, stolen, fraudulent, abusive or adverse to our interests or reputation; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, trade secrets, privacy or publicity rights, consumer protection, product safety or trade regulations or export controls, regulations or sanctions.
eCommerce Suspensions. While we’d prefer not to, we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove your Account, Your Portfolios or your eCommerce, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). For example, we may suspend your eCommerce if you’re violating the Agreement.
eCommerce Payment Processors. To accept payments from your End Users in connection with your eCommerce, you may integrate your Portfolios with certain third party payment processors (“eCommerce Payment Processors”). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors’ terms and policies. We don’t control and aren’t liable for any eCommerce Payment Processors, or for any transaction you may enter into with or through any eCommerce Payment Processors. eCommerce Payment Processors are a Third Party Service, as defined in Section 8 of these terms and conditions. While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from the Services, any eCommerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with your eCommerce transactions.
Termination. Ideaform may terminate your and your End Users’ access to all or any part of the Application at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Agreement or your format.com Account (if you have one), you may simply discontinue using the Application. Notwithstanding the foregoing, if you have a paid subscription Account, such Account can only be terminated by Ideaform as expressly permitted under the Agreement, or if you materially breach the Agreement and fail to cure such breach within thirty (30) days from Ideaform’s notice to you thereof; provided that, Ideaform can terminate the Application immediately as part of a general shut down of our Service. All provisions of the Agreement which by their nature should survive its termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Application is provided “as is”. Ideaform and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranties of any kind to your End Users. Neither Ideaform nor its suppliers and licensors, makes any warranty that the Application will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or Services through, the Application at your own discretion and risk.
Limitation of Liability. In no event will Ideaform, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, tort (including negligence), strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) for any amounts that exceed $20; or (v) relating in any way to your eCommerce or to End Users. Ideaform shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that (i) your use of the Application will be in strict accordance with the Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Application will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless Ideaform, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees (i) arising out of your use of the Application (including your Portfolios), including but not limited to your violation of the Agreement, or (ii) arising from or related to the use of, access to, interaction with or reliance upon, your eCommerce or End Users.
Miscellaneous. The Agreement constitutes the entire agreement between Ideaform and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Ideaform, or by the posting by Ideaform of a revised version in accordance with the Agreement. Except to the extent applicable law, if any, provides otherwise, the Agreement, any access to or use of the Application will be governed by the laws of the Province of Ontario, Canada, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in the City of Toronto, Ontario, Canada. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Ideaform may assign its rights and obligations under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You confirm that you prefer the Agreement and any related documents be in English. Vous confirmez préférer que cette convention et les documents s'y rattachant soient rédigés en anglais.
If you have any questions about these terms please contact us at [email protected]
Ideaform Inc. 1209 King St. West, Suite 201 Toronto, Ontario M6K 1G2 Canada 1.888.568.8276