Terms of Service

BY USING OR VISITING THIS WEBSITE (collectively, including all Content available through the Portrayl.com domain name, the "Portrayl Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF the Portrayl Website's PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.portrayl.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Portrayl Website.

These Terms of Service apply to all users of the Portrayl Website, including users who are also contributors of literary, graphic, photographic, audio, video or any other form of content, information, and other materials or services on the Website. The Portrayl Website may contain links to third party websites that are not owned or controlled by Portrayl. Portrayl has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Portrayl will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Portrayl from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Portrayl Website and to read the terms and conditions and privacy policy of each other website that you visit.

A. Portrayl hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, non-commercial use; (ii) you will not copy, distribute or modify any part of the Website without Portrayl's prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms & Conditions.

B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Portrayl immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of Portrayl or others due to such unauthorized use. Portrayl will not be liable for your losses caused by any unauthorized use of your account.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the Portrayl servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Portrayl grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Portrayl reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).

D. Portrayl has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.

The content on the Portrayl Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Portrayl, subject to copyright and other intellectual property rights under UK and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Portrayl reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Portrayl Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Portrayl Website or the Content therein.

A. The Portrayl Website may now or in the future permit the submission of text, images, audio, videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Portrayl does not guarantee any confidentiality with respect to any User submissions.

B. Portrayl does not guarantee any confidentiality with respect to the name and likeness biographical material, logos, trademarks photographs, symbols, emblems, designs, and any other visual representations of You, and any other individuals or places (collectively the "Aspects" of a User Submission) represented in User Submissions.

C. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Portrayl to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

D. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Portrayl all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Portrayl or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Portrayl does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Portrayl expressly disclaims any and all liability in connection with User Submissions. Portrayl does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Portrayl will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Portrayl reserves the right to remove Content and User Submissions without prior notice. Portrayl will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Portrayl also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Portrayl may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

E. You understand that when using the Portrayl Website, you will be exposed to User Submissions from a variety of sources, and that Portrayl is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Portrayl with respect thereto, and agree to indemnify and hold Portrayl, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

A. Subject to the terms and conditions of these Terms of Service, You hereby grant Portrayl a nonexclusive right and licence throughout the universe to freely and without restriction use and exercise the rights, in whole or in part, as stated below:

1. to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions and Aspects thereof in connection with the Portrayl Website and Portrayl's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Portrayl Website (and derivative works thereof) in any format and through any platform.
2. to use, market, license, sublicense, distribute and sell the User Submissions or derivatives and adaptations thereof, as a single or as part of a collection, including Aspects of the Users Submissions, in any format and through any platform.
3. to use your User Submissions and Aspects thereof to promote You, the User Submission, the Portrayl Website and Portrayl's (and its successor's) business.

The above rights may be exercised in all media formats, media platforms and Peer-to-Peer Technology, both presently known or to be developed. Media formats include, but are not limited to, paper and all electronic formats for text, images, audio and video. Media platforms include, but are not limited to books and all electronic platforms for text, images, audio and video.

B. You also hereby grant each user of the Portrayl Website access to your User Submissions under the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported Licence. This licence can be found here and is incorporated herein by reference

C. You hereby grant Portrayl the right to sell, or cause to sell, or sublicense certain items bearing a likeness to Aspects of the User Submissions, including but not limited to, music, t-shirts, mugs, posters, CDs, (both one-off and bulk-created) and other items (collectively "Merchandise").

D. Portrayl shall not grant rights that are greater than the rights granted under this Agreement. All other rights are reserved to You. Subject to the non-exclusive license grant conferred to Portrayl herein, You shall retain all rights to the copyright interests in the User Submission.

Portrayl respects the intellectual property rights of others, and requests you to do the same. Portrayl does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Portrayl will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Portrayl reserves the right to remove Content without prior notice. Portrayl will also terminate a User's access to the Website, if they are determined to be a repeat infringer. Portrayl may remove such Content and/or terminate a User's access for uploading such Content in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Portrayl the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
2. a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. a description of where the material that you claim is infringing is located on the Website, including the URL;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PORTRAYL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PORTRAYL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. PORTRAYL DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND PORTRAYL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

IN NO EVENT SHALL PORTRAYL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PORTRAYL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PORTRAYL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

You agree to defend, indemnify and hold harmless Portrayl, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms & Conditions; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.

If you are under 16, please get a parent's or guardian's permission before providing any personal information to the Portrayl Website or contributing to the Portrayl Website. Users without this consent are not allowed to provide us with personal information.

These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Portrayl without restriction.

These Terms of Service, together with the Privacy Notice at http://www.portrayl.com/privacy and any other legal notices published by Portrayl on the Website, shall constitute the entire agreement between you and Portrayl concerning the Portrayl Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Portrayl's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Portrayl reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Portrayl Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND PORTRAYL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PORTRAYL WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales.