Acknowledgment and Acceptance of Terms of Service
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the prosite.com domain name, the "ProSite Service," "ProSite," or "website") YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF BEHANCE.NET'S PRIVACY NOTICE, WHICH IS AVAILABLE ON BEHANCE.NET at http://www.behance.net/misc/terms. If you do not agree to any of these terms, then please do not use the ProSite service.
ProSite is an application that allows user to create and publish personal portfolio sites, leveraging their portfolio of projects published on Behance.net. The ProSite service works in tandem with Behance.net and a series of other services to help users create, publish, and host their personal portfolio sites on their own URL or another URL provided by the ProSite Service. ProSite is operated by Behance, Inc. ("We", "Us" or "Behance").
Behance reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service, as well as any other changes to the current Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.prosite.com/home/terms
Violation of any of the terms below may result in the termination of your Account without notice. While Behance prohibits certain conduct and content on the Service, you understand and agree that Behance cannot be responsible for any content posted on the Service (the "Content") and you nonetheless may be exposed to materials that you may find objectionable. You agree to use the Service at your own risk.
We aspire to do the right, ethical,and legal thing in bringing you this site and service, and we ask that you use the same judgment as you read, use, and share your content on ProSite. If we've made an error, please let us know. You can reach us at info [at] behance [dot] com. For the information our lawyers make us include, read on:
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by or use of the Service by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Each user login may only be used by the person who registered for and was provided that login - a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Behance cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card or other acceptable form of payment is required for fee-based accounts.
- You will not be prompted for payment until you choose to publish your ProSite (the personal portfolio site that you create using the service). Once you launch your site publicly, you will be billed monthly (or annually if you choose that option), starting with the moment you publish and thus create a paid ProSite account.
- By selecting "publish" and choosing a paying plan, you will end your free trial of the application. You will be billed for your first month immediately upon publication (or year, if so elected).
- The Service is billed in advance on a monthly (or annual, if elected) basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- Your subscription will be automatically renewed after your Payment Period expires. We will bill your subscription fee to the Payment Method currently on file with Behance. Your membership will automatically renew for successive Payment Period subscriptions, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each Payment Period in order to avoid billing of the next Payment Period's subscription fees to your Payment Method. Behance does not accept cancellation requests via phone, email, or any method other than logging into your ProSite.com account to cancel your service.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Behance does not accept any liability for such loss.
- You authorize us to bill the payment source You provided to us for all applicable fees. If Your payment source is declined at any time (including, but not limited to situations where we seek authorizations or charge attempts), we may make up to two attempts to reprocess Your payment source. We reserve the right to disable or cancel Your use of Service immediately. We reserve the right to charge interest on all of your past due accounts. Interest shall accrue at the rate of one and one-half percent per month or the highest maximum rate permitted by law, whichever is less, from the date such payment was due until fully satisfied. You are responsible for all of Our reasonable expenses (including attorneys' fees) incurred by Us relating to collection activities associated with Your past due accounts.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by logging into ProSite.com and clicking on the "Account Settings" link in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked, cancellation option.
- Upon cancellation, all of your Content will be deleted from the primary servers that provide the Service. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Behance, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Behance service, for any reason or no reason at all and at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Behance reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Behance reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly and annual subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Behance Site (www.prosite.com) or the Service itself.
- Behance shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile, projects, or other materials that you have uploaded remain yours (collectively "Your Material"). By providing or submitting Your Material you are allowing Behance to host this material on its servers and display it to you and any other people you designate, based on your preferences and settings. You are also allowing Behance to display the name or alias that you enter with this data to those that are given permission, by you or those that you designate, to view it.
- By providing Your Material to Behance, you represent and warrant that: (1) you own or otherwise have all rights necessary for you to post Your Material and grant the rights described above; (2) Your Material do not contain any viruses, worms, spyware, or other components or instructions that are unlawful, malicious, deceptive, or designed to limit or harm the functionality of a computers' hardware, software, and services, including but not limited to Behance's; (3) you will not submit Content that violates any copyright or other third party proprietary rights; (4) you will not submit Content that is in breach of any other contractual commitment; and (5) Your Material does not and shall not contain any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law ("Unacceptable Content").
- Behance does not pre-screen Content, but Behance and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- If Behance receives a valid complaint about Your Material, Behance reserves the right to remove Your Material or any subset thereof completely from the Service, with or without notification to you. If, in the sole and exclusive discretion of Behance, Your Material contains Unacceptable Content, then Behance may also terminate your access to the Service.
- Behance will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the Service's designated agent, who is: dmca [at] behance [dot] com , or by mail at Behance, Inc., 532 Broadway - 7th Floor, NY, NY 1
- If We receive a notification of suspected copyright infringement, and assuming the notification satisfies the requirements of the DCMA (discussed below), We may remove or prohibit access to such materials. However, You may submit to Us a counter-notice if you believe such notice of suspected copyright infringement was mistakenly filed.
- We advise You to seek legal counsel if: (i) You believe Your copyrights have been infringed, or (ii) if a notice of copyright infringement has been filed against You. We will not be involved as a party to disputes over alleged copyright infringement and you agree to indemnify, defend and hold us harmless from and against any costs, damages or expenses (including reasonable attorney fees) We incur arising out of or related to any alleged or actual infringement involving You.
- We reserve the right to terminate Your account or remove any content if We, in our sole discretion, believe the DMCA notification meets the criteria listed below.
- When sending a written complaint to us, it must provide the following information in order for it to be valid under the DMCA:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Elements 1-6 above are taken directly from 17 U.S.C. 512(c)(3). Please consult the DMCA for additional details on the information necessary for valid notification. Please note: Misrepresentations and false accusations of copyright infringement may subject You to damages including, but not limited to, fees incurred in blocking material, court costs, and attorneys' fees.
- You may file a counter-notification with Our designated agent. All such responses must be submitted to the address listed above in this section and must contain the following:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The user's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- Elements 1-4 above are taken directly from 17 U.S.C. 512(g)(3). Please consult the DMCA for additional details on the information necessary for valid notification.
- Please note: Misrepresentations and false responses to claims of copyright infringement may subject You to damages including, but not limited to, fees incurred in blocking material, court costs, and attorneys' fees.
- As provided by the DMCA, after receipt of a valid counter-notification, We may restore or re-enable access to removed material.
- The look and feel of the Service is copyright © 2011 Behance, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Behance.
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that Behance uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You understand that the ProSite service incorporates "projects" and other elements of information and content that were created on your Behance.net account. As such, you are bound by the terms and conditions of Behance.net in your use of the ProSite service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Behance, or any other Behance service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Behance.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Behance customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You agree not to upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You agree not to (a) 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 or (b) act in a manner inconsistent with or in violation of any applicable local, state, federal or other applicable U.S. or foreign law, statute, regulation, directive or ordinance.
- If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Behance), we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- Behance does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Behance shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Behance has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BEHANCE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL COSTS AND REASONABLE EXPENSES (INCLUDING REASONABLE LEGAL FEES), DAMAGES, AND LIABILITIES FOR ANY CLAIMS OF ANY TYPE (INCLUDING INFRINGEMENT OF ANY PROPRIETARY RIGHTS OF ANY THIRD PARTY) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
- The failure of Behance to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision. This Terms of Service constitutes the entire agreement between you and Behance and governs your use of the Service, superseding any prior agreements between you and Behance (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to energy [at] behance [dot] com
- ProSite and parent company Behance may contact you with news related to the service and Behance activities.